Insights Sectors: Pharmacy

Expansion of a pharmacy may take place where the floor size of a pharmacy is increased, for example by expanding the pharmacy into adjacent premises. An example of contraction of a pharmacy would be where the floor size of a pharmacy decreases, perhaps because part of the pharmacy is surrendered back to a landlord, or […]

In response to a growing number of deaths and harm resulting from the misuse of prescription medicines in Victoria, the government has announced that it will roll out a real-time prescription monitoring system this year. Fred IT Group has been appointed to design and develop the ‘SafeScript’ system, which is intended to provide up-to-date information […]

In this edition of Pharmacy insights we focus on recent legal developments which may impact on pharmacy businesses and highlight recent legislative changes to the Retail Leases Act in NSW, which import new protections for retail pharmacy tenants. Also, we discuss some recent cases in the franchise sector concerning disclosures made by a franchisor. In […]

The case scenario: A complaint was made to the Pharmacy Board of Australia (‘Board’) that a pharmacist provided an excessive quantity of Restavit, a Schedule 3 poison, and for a duration for which there was no established therapeutic need. The pharmacist explained to the Board that he had supplied the drug as he believed it was […]

Many professional practice owners including medical practitioners and pharmacists enter into an agreement with an associated entity to provide services to the practice, such as the provision of staff, administrative or clerical services, premises, plant or equipment in consideration for the payment of a services fee. Depending on its structure, these service arrangements may have […]

The case scenario: A patient made a complaint to the Pharmacy Board of Australia (‘Board’) that a pharmacist refused to dispense a prescription for Mogadon. The pharmacist explained to the Board that the reason he refused to dispense the prescription was because the previous year the patient had presented to the pharmacy with a forged […]

Since at least 2012 there has been an increasing push in Australia for the implementation of a national real-time prescription monitoring system that alerts doctors and pharmacists to people who are misusing prescription drugs. More than 20 Coronial Inquests in New South Wales, Victoria and Western Australia alone have recommended a real-time prescription monitoring system […]

At Meridian Lawyers we are frequently asked to advise on succession planning for pharmacists, especially those in partnership (whether in the traditional sense or shareholders via a corporate pharmacy structure). Many partnerships continue over lengthy periods with little emphasis on exit arrangements in their formal partnership or shareholders agreement. In our experience, carefully considered exit […]

Meridian Lawyers acts for pharmacists in applications for new approvals to supply pharmaceutical benefits (PBS) under section 90 of the National Health Act 1953 (Cth) (Act). We also advise and represent pharmacists in opposing applications for new approvals, whether by way of judicial review by the Court, or merits reviews by the Administrative Appeals Tribunal. […]

In December last year the Federal Court ruled that Reckitt Benckiser (Australia) Pty Ltd (RB) engaged in misleading conduct in contravention of the Australian Consumer Law by representing that its Nurofen Specific Pain products were formulated to treat a specific type of pain, when in reality the products are identical. The Australian Competition and Consumer […]

Late last year, the Australian Competition and Consumer Commission (ACCC) issued three infringement notices to an online pharmacy retailer totalling $32,400 for representing to consumers that there were savings on recommended retail prices. Facts The retailer represented that, by purchasing a range of white label products online through the retailer’s website, consumers would save a […]