Federal Court of Australia
Federal Court of Australia
Softmed Manufacturing Pty Ltd v Secretary, Department of Health and Aged Care [2024] FCA 491 File number: VID 485 of 2022
Judgment of: HESPE J
Date of judgment: 13 May 2024
Catchwords: ADMINISTRATIVE LAW – application for judicial review of decision of delegate of the Secretary, Department of Health and Aged Care to release certain information pursuant to s 61(3) of the Therapeutic Goods Act 1989 (Cth) to various Commonwealth, State and Territory health authorities – whether there was a breach of the rules of natural justice – whether there was a failure to take a relevant consideration into account – whether the exercise of power was so unreasonable no reasonable person could have so exercised the power – whether declaratory relief ought to be granted
Legislation: Administrative Decisions (Judicial Review) Act 1977 (Cth) ss 5, 16 Judiciary Act 1903 (Cth) s 39B Therapeutic Goods Act 1989 (Cth) ss 3, 4, 9A, 41BA, 41BD, 41BH, 41CA, 41FN, 61 Therapeutic Goods Regulations 1990 (Cth) Regulations 23, 25, 27, 28, 29, 30
Cases cited: Ainsworth v Criminal Justice Commission [1992] HCA 10; (1992) 175 CLR 564 Annetts v McCann [1990] HCA 57; (1990) 170 CLR 596 Disorganized Developments Pty Ltd v South Australia [2023] HCA 22 Johns v Australian Securities Commission [1993] HCA 56; (1993) 178 CLR 408 J Wattie Canneries Ltd v Hayes (1987) 74 ALR 202 Kioa v West [1985] HCA 81; (1985) 159 CLR 550 L v State of South Australia; H-P v State of South Australia [2017] SASCFC 133; (2017) 129 SASR 180 M House Pty Ltd v Secretary, Department of Health and Aged Care [2023] FCA 768 Marine Hull & Liability Insurance Co Ltd v Hurford (1985) 10 FCR 234 Minister for Aboriginal and Torres Strait Islander Affairs v Western Australia [1996] FCA 395; (1996) 67 FCR 40 Minister for Immigration and Border Protection v SZSSJ [2016] HCA 29; (2016) 259 CLR 180 Saeed v Minister for Immigration and Citizenship [2010] HCA 23; (2010) 241 CLR 252 South Australia v Slipper [2004] FCAFC 164; (2004) 136 FCR 259 State of Victoria v Master Builders' Association of Victoria [1995] 2 VR 121 Union NSW v New South Wales [2023] HCA 4 Western Australia v Native Title Registrar [1999] FCA 1591; (1999) 95 FCR 93
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