Dale Pharmacy Group Pty Ltd and Australian Community Pharmacy Authority

Dale Pharmacy Group Pty Ltd (the applicant) sought an extension of time from the Australian Community Pharmacy Authority (the respondent) to lodge an application for a pharmacy ownership approval. The applicant had failed to comply with the requirements of the National Health (Australian Community Pharmacy Rules) Determination 2018 (the Rules) in its initial application. The matter came before Deputy B W Rayment Oam Qc P.

The primary legal issue before the court was whether to grant the applicant an extension of time to lodge its application, notwithstanding its non-compliance with the Rules. This involved considering the respondent's discretion to grant such an extension and the principles governing the exercise of that discretion. A secondary issue arose concerning a separate application by the respondent, which, if granted, would render the applicant's present application moot.

Deputy B W Rayment Oam Qc P reasoned that the Rules provided a specific mechanism for applications and that the applicant had failed to adhere to these requirements. The court noted that the Rules did not appear to grant the respondent a broad discretion to extend time for applications that were fundamentally flawed or not made in accordance with the prescribed process. Furthermore, the court acknowledged that the respondent's separate application, if successful, would negate the need for the applicant's current request.

Consequently, the application for an extension of time was refused.