Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Clare v Australian Community Pharmacy Authority [2015] FCA 653 Citation: Clare v Australian Community Pharmacy Authority [2015] FCA 653
Appeal from: Clare v Australian Community Pharmacy Authority [2014] AATA 932
Parties: JULIA CLARE v AUSTRALIAN COMMUNITY PHARMACY AUTHORITY
File number: QUD 14 of 2015
Judge: REEVES J
Date of judgment: 30 June 2015
Catchwords: HEALTH LAW – pharmacists – requirements for approval to relocate pharmacy – construction of the National Health (Australian Community Pharmacy Authority Rules) Determination 2011 – whether proposed premises are in the same town as the existing premises – consideration of the meaning of "same town" – consideration of construction of item 312(b)(ii) of Part 1 of Schedule 3 to the Rules – consideration of the general purpose of the Pharmaceutical Benefits Scheme ADMINISTRATIVE LAW – appeal from decision of the Administrative Appeals Tribunal – consideration of requirement to reach the correct or preferable decision
Legislation: National Health Act 1953 (Cth) National Health (Australian Community Pharmacy Authority Rules) Determination 2011
Cases cited: Bushell v Repatriation Commission (1992) 175 CLR 408 Clare v Australian Community Pharmacy Authority [2014] AATA 932 Federal Commissioner of Taxation v Consolidated Media Holdings Ltd (2012) 250 CLR 503, [2012] HCA 55 Grant v Repatriation Commission (1999) 57 ALD 1, [1999] FCA 1629 Walkerden v Wodonga Pharmacy Pty Ltd [2015] FCA 273 Yu v Minister for Health (No 2) (2013) 216 FCR 188, [2013] FCA 367
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