Recent Cases

Freedom Pharmaceutical Pty Ltd v Minister for Health [2022] FCAFC 123 (20 July 2022) (Markovic, Thomas and Stewart JJ)


Catchwords:


ADMINISTRATIVE LAW – appeal from a single judge of the Federal Court of Australia – where primary judge dismissed an application for judicial review of a decision of the Minister made pursuant to s 90A of the National Health Act 1953 (Cth) granting approval to a premises to supply pharmaceutical benefits – where Minister notified the appellant of the request for exercise of discretion and invited comments – whether primary judge erred in holding that notification without further details of the application was sufficient – where Minister concluded that a “community” would be left without “reasonable access” to pharmaceutical benefits if the approval were not granted – where premises in respect of which approval was granted is located approximately 60m from appellant’s pharmacy – whether primary judge erred in construing the scope of the Minister’s discretion – appeal dismissed