FEDERAL COURT OF AUSTRALIA
NTMA Pharmaceuticals Pty Ltd v Beardmore [2025] FCA 1036
File number(s): NSD 414 of 2025 Judgment of: PERRY J Date of judgment: 28 August 2025 Catchwords: ADMINISTRATIVE LAW – supply of pharmaceutical benefits – application for judicial review of referrals for investigation of approved pharmacists pursuant to s 114 of the National Health Act 1953 (Cth) – where Pharmacy Compliance Evaluation Reports showed concerns that the applicants may have been utilising common patients to process PBS claims without supply and showing other serious compliance behaviours
ADMINISTRATIVE LAW – whether referrals void or invalid because they concerned the services or conduct of multiple approved pharmacists – whether Committee of Inquiry can inquire into past conduct of persons who have ceased to be approved pharmacists – whether referrals void for uncertainty due to failure to specify “other premises” with which specified persons are associated – whether Secretary has power to revoke or terminate referrals – application dismissed
Legislation: Acts Interpretation Act 1901 (Cth), s 33(3)
National Health Act 1953 (Cth), ss 4(1), 84, 86, 89, 90, 95, 99, 105AB(8), 113, 114, 119, 122, 123, 124(4), 125, 126, 134A, 135A(1)
Cases cited: Ainsworth v Criminal Justice Commission (1992) 175 CLR 564
Cann’s Pty Ltd v Commonwealth (1946) 71 CLR 210
Choice Pharmacy Vincentia Pty Ltd v Australian Community Pharmacy Authority [2020] FCA 93
CNY17 v Minister for Immigration and Border Protection (2019) 268 CLR 76
Comcare v Lilley [2013] FCAFC 121; (2013) 216 FCR 214
Commissioner for Australian Capital Territory Revenue v Alphaone Pty Ltd [1994] FCA 293; (1994) 49 FCR 576
Director, Professional Services Review v Yoong [2025] FCAFC 95
Federal Commissioner of Taxation v Primary Health Care Ltd [2017] FCAFC 131; (2017) 252 FCR 496
George v Rockett (1990) 170 CLR 104
Government Insurance Office of New South Wales v RJ Green and Lloyd Pty Ltd (1966) 114 CLR 437
Minister for Aboriginal Affairs v Peko-Wallsend Ltd (1986) 162 CLR 24
Minister for Immigration and Citizenship v Li [2013] HCA 18
Project Blue Sky Inc v Australian Broadcasting Authority [1998] HCA 28; (1998) 194 CLR 355
R v Belford & Bound (2011) 208 A Crim 256
R v Tillet; Ex Parte Newton (1969) 14 FLR 101
SZTAL v Minister for Immigration and Border Protection [2017] HCA 34; (2017) 262 CLR 362
Technical Products Pty Ltd v State Government Insurance Office Qld (1989) 167 CLR 45
Division: General Division Registry: New South Wales National Practice Area: Administrative and Constitutional Law and Human Rights Number of paragraphs: 75 Date of last submission/s: 31 July 2025 Date of hearing: 25 July 2025 Counsel for the Applicants Mr J Horton KC and Mr J Pemberton Solicitor for the Applicants Bennett & Philp Lawyers Counsel for the Respondents Mr A Berger SC and Mr H Rogers Solicitor for the Respondents Australian Government Solicitor ORDERS
NSD 414 of 2025 BETWEEN: NTMA PHARMACEUTICALS PTY LTD
First Applicant
PL PHARMACEUTICALS PTY LTD
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- AGLC
- NTMA Pharmaceuticals Pty Ltd v Beardmore [2025] FCA 1036
- Case
- [2025] FCA 1036
- Decision Date
CaseChat Overview and Summary
The court held that the applicants’ arguments were misconceived. The court found that the Secretary had complied with the statutory requirements for giving notice to the pharmacists and that the Committee had the power to investigate the pharmacists, even if they had ceased to hold approval. The court also rejected the applicants’ argument that the Committee was acting with an ulterior purpose, finding that there was no evidence to support this claim. The court held that the power to revoke a referral was either an implicit incident of the power to make the referral or presumed by operation of the Acts Interpretation Act 1901 (Cth). The court held that the applicants had not demonstrated any grounds for setting aside the Termination Decisions and dismissed the application.
The court ordered that the further amended originating application be dismissed and that the applicants pay the costs of the sixth respondent as agreed or assessed. The orders were to be entered in accordance with Rule 39.32 of the Federal Court Rules 2011.
Orders
Orders of the court
1. The further amended originating application is dismissed.
2. The applicants are to pay the sixth respondent’s costs as agreed or assessed.
Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
Ratio Decidendi
Legal Principle Established
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