Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Choice Pharmacy Vincentia Pty Ltd v Australian Community Pharmacy Authority (No 2) [2020] FCA 363 File number(s): NSD 300 of 2018
Judge(s): FARRELL J
Date of judgment: 18 March 2020
Catchwords: ADMINISTRATIVE LAW – where reasons for determination of some grounds of an application for judicial review of a recommendation by Australian Community Pharmacy Authority to approve an application pursuant to s 90 of the National Health Act 1953 (Cth) to supply pharmaceutical benefits from particular premises were delivered after a hearing of some but not all grounds of the application – whether partial hearing substantially disposed of the proceeding or renders any further trial of the proceeding unnecessary – whether Court should proceed to make orders with respect to relief and costs – whether recommendation by the Australian Community Pharmacy Authority and decision of the Secretary of the Department of Health to approve the application should be set aside – whether operation of relief should be deferred to avoid inconvenience and complexity if decisions were rendered void ab initio COSTS – application of Hardiman principle – where appropriate alternative active contradictor
Legislation: Administrative Decisions (Judicial Review) Act 1977 (Cth) s 16 Federal Court Rules 2011 (Cth) r 30.02 National Health Act 1953 (Cth) s 90 National Health (Australian Community Pharmacy Authority Rules) Determination 2011 (Cth)
Cases cited: Alexander v Australian Community Pharmacy Authority (No 3) [2010] FCA 506 Assarapin v Australian Community Pharmacy Authority [2015] FCA 268 Choice Pharmacy Vincentia Pty Ltd v Australian Community Pharmacy Authority [2020] FCA 93 Kastrinakis v Australian Community Pharmacy Authority [2013] FCA 995; 215 FCR 452 Our Town FM Pty Ltd v Australian Broadcasting Tribunal (No 3) [1987] FCA 393; 77 ALR 609 Pharmacy Guild of Australia v Australian Community Pharmacy Authority [1996] FCA 1007; 70 FCR 462
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