Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Hope v Australian Community Pharmacy Authority [2016] FCA 1597 File number(s): TAD 53 of 2016
Judge(s): KERR J
Date of judgment: 22 December 2016
Catchwords: ADMINISTRATIVE LAW – continuation of interlocutory injunction – objection to new pharmacy – approval of new pharmacy location – meaning of "small shopping centre" – meaning of "in" a shopping centre – interpretation of rules for pharmacy approval
Legislation: Administrative Decisions (Judicial Review) Act 1977 Federal Court of Australia Act 1976 Judiciary Act 1903 National Health Act 1953 Federal Court Rules 2011 National Health (Australian Community Pharmacy Authority Rules) Determination 2011 National Health (Australian Community Pharmacy Authority Rules) Determination 2011 Explanatory Statement Usual Undertaking as to Damages Practice Note (GPN UNDR)
Cases cited: Alexander v Australian Community Pharmacy Authority [2010] FCA 189 Assaparin v Australian Community Pharmacy Authority [2016] FCAFC 9 Australian Broadcasting Corporation v O'Neill [2006] HCA 46; (2006) 227 CLR 57 Beecham Group Ltd v Bristol Laboratories Pty Ltd [1968] HCA 1; (1968) 118 CLR 618 Esso Australia Resources Ltd v Commissioner of Taxation [2011] FCAFC 154; (2011) 199 FCR Hallgath v Australian Community Pharmacy Authority [2011] FCA 1062 Kastrinakis v Australian Community Pharmacy Authority [2013] FCA 995; (2013) 215 FCR 452 Walkerden v Wodonga Pharmacy Pty Ltd [2015] FCA 273; (2015) 230 FCR 243 Watson v Australian Community Pharmacy Authority [2012] FCAFC 142; (2012) 206 FCR 365 Yu v Australian Community Pharmacy Authority [2013] FCA 713
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