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Procedural Fairness: What you plead v The “But I wanted to say something else” Excuse

Procedural fairness requires a court or tribunal to give each party an equal say. However, the New South Wales Civil and Administrative Tribunal Appeal Panel’s (‘Appeal Panel’) recent decision has taken an expansive view of what justice requires to allow a party to adequately plead its case. The Appeal Panel decided that a tribunal cannot give judgment in a matter if they could have reasonably expected a party to make further submissions.

Pharmacist breached numerous provisions of the Poisons and Therapeutic Goods Legislation

A pharmacist recently sought an injunction from the Equity Division of the Supreme Court of NSW preventing the Pharmacy Council of NSW (the Council) from suspending his registration or placing conditions on his registration as an interim measure pending a final determination by the Council of the action that they would take in response to an investigation report from the Pharmaceutical Services Unit (PSU). 
  • 27 Jan 2016

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