Carroll v Shillinglaw

The Supreme Court of Victoria heard a dispute between Carroll, the Pharmaceutical Society of Victoria, and Shillinglaw, a friendly society. The Pharmaceutical Society sought to restrain Shillinglaw from carrying on the business of a chemist and druggist without being registered as required by the *Medical Act 1890* (Vic). Shillinglaw argued that its activities were permitted under the *Friendly Societies Act* (Vic).

The central legal issue before the Court was whether Shillinglaw, a friendly society, was lawfully entitled to sell medicines to the public, thereby engaging in the business of a chemist and druggist, without complying with the registration requirements of the *Medical Act 1890*. This involved determining the scope of Shillinglaw's powers as a friendly society and the effect of its registration under the *Friendly Societies Act* on its ability to conduct such a business.

The Court considered the provisions of both Acts. It found that while friendly societies were empowered to provide benefits to their members, this did not extend to carrying on a business of selling medicines to the general public. The registration of Shillinglaw under the *Friendly Societies Act* did not grant it an exemption from the *Medical Act 1890* concerning the practice of pharmacy. The Court held that Shillinglaw's actions in selling medicines to the public were *ultra vires* its powers as a friendly society and constituted an unlawful carrying on of the business of a chemist and druggist.

The Court ordered that Shillinglaw be restrained from continuing to carry on the business of a chemist and druggist.