Recent Cases

Secretary, Department of Health and Aged Care v M House Pty Ltd [2024] FCAFC 71 (05 June 2024) (O’Callaghan, Snaden and McElwaine JJ)


Catchwords:


ADMINISTRATIVE LAW – whether primary judge erred in finding that a decision of the appellant’s delegate to release certain information to the public under s 61(5C) of the Therapeutic Goods Act 1989 (Cth) (the Act) was not authorised by that sub-section and should therefore be quashed – where held that s 61(5C) authorised release of information obtained in exercise of appellant’s non-statutory executive capacity to conduct tests and take samples – where held that information released was “therapeutic goods information” within the meaning of s 61(1) of the Act – where held that decision to release information was not unreasonable – appeal allowed