Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Walkerden v Wodonga Pharmacy Pty Ltd [2015] FCA 273 Citation: Walkerden v Wodonga Pharmacy Pty Ltd [2015] FCA 273
Appeal from: In VID 470 of 2014: Wodonga Pharmacy Pty Ltd v Annette Walkerden [2014] AATA 496
Parties: ANNETTE WALKERDEN and DIPAK SANGHVI v WODONGA PHARMACY PTY LTD and AUSTRALIAN COMMUNITY PHARMACY AUTHORITY ANNETTE WALKERDEN and DIPAK SANGHVI v WODONGA PHARMACY PTY LTD and SECRETARY, DEPARTMENT OF HEALTH
File numbers: VID 470 of 2014 VID 542 of 2014
Judge: MORTIMER J
Date of judgment: 27 March 2015
Catchwords: ADMINISTRATIVE LAW – appeal by other parties from decision of Administrative Appeals Tribunal recommending approval to supply pharmaceutical benefits from particular premises – "temporary selling point", "single management", "commercial establishment" and "likely to be occupied" under National Health (Australian Community Pharmacy Authority Rules) Determination 2011 (Cth) (location rules) – purpose of location rules to facilitate sustainable and accessible supply of pharmaceutical benefits – no error of law in Tribunal decision – appeal dismissed
Legislation: Administrative Appeals Tribunal Act 1975 (Cth) s 44 Administrative Decisions (Judicial Review) Act 1977 (Cth) s 16(1)(a) Legislative Instruments Act 2003 (Cth) ss 6(d)(i), 13, 24, 42 National Health Act 1953 (Cth) ss 90, 99L, 99K
National Health (Australian Community Pharmacy Authority Rules) Determination 2011 (Cth), s 5(1), 6(2), 7, 10, Sch 1 Pt 2 Item 133
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