Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Choice Pharmacy Vincentia Pty Ltd v Australian Community Pharmacy Authority [2020] FCA 93 File number(s): NSD 300 of 2018
Judge(s): FARRELL J
Date of judgment: 11 February 2020
Catchwords: ADMINISTRATIVE LAW – partial hearing of application for judicial review of recommendation to approve and approval to supply pharmaceutical benefits from particular premises – whether recommendation and approval were authorised by the National Health Act 1953 (Cth) – whether there was no evidence or other material to justify the recommendation and approval – whether premises are a "large medical centre" under National Health (Australian Community Pharmacy Authority Rules) Determination 2011 – meaning of requirement that premises must operate "for at least 70 hours each week"
Legislation: Administrative Decisions (Judicial Review) Act 1977 (Cth) s 5 National Health Act 1953 (Cth) ss 90, 99J, 99K, 99L National Health (Australian Community Pharmacy Authority Rules) Determination 2006 National Health (Australian Community Pharmacy Authority Rules) Amendment Determination 2009 (No 1) National Health (Australian Community Pharmacy Authority Rules) Determination 2011 ss 5, 9, 10, 11, Sch 1 (Item 136) National Health (Australian Community Pharmacy Authority Rules) Amendment Determination 2015 (No 1)
Cases cited: Assarapin v Australian Community Pharmacy Authority [2016] FCAFC 9; 239 FCR 161 Commonwealth v Crowe [1992] FCA 873; 39 FCR 435 Hope v Australian Community Pharmacy Authority [2016] FCA 1597 Kong v Minister for Health [2014] FCAFC 149; 227 FCR 215 Pharmacy Restructuring Authority v Chatfield K.N. [1993] FCA 495; 43 FCR 418 Slopen Main Pty Ltd (Trustee) v Hope [2017] FCAFC 203; 256 FCR 156 Smoker v Pharmacy Restructuring Authority [1994] FCA 859; 53 FCR 287 Stambe v Minister for Health [2019] FCA 43 Walkerden v Wodonga Pharmacy Pty Ltd [2015] FCA 273; 230 FCR 243 Yu v Minister for Health (No 2) [2013] FCA 367; 216 FCR 188
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