One of the first and most important steps in purchasing a pharmacy is conducting financial and legal due diligence. Whilst most pharmacist purchasers are aware of the importance of completing financial due diligence, the significance of legal due diligence is...
Legal due diligence is an integral part of selling a business and will assist in ensuring that any prospective transactions are not unnecessarily impeded. By taking the time to correctly prepare for the sale of a pharmacy business, a vendor can help to prevent any...
The operation of pharmacy businesses is highly regulated in Australia on a Federal, State and Territory level. It is therefore critical that you are aware of your legal obligations when opening and operating a pharmacy business. Whether you wish to relocate your...
The pandemic has raised some real practical difficulties around signing and witnessing legal documents because of strict social distancing rules in place to protect us all. In order to facilitate and decrease the need for face to face contact for the witnessing of...
On 14 January 2020, the Australian Competition and Consumer Commission announced that Outdoor Supacentre Pty Ltd (trading as 4WD Supacentre) had paid five infringement notice penalties (totalling $63,000) in connection with advertising claims about was/now pricing...
It has come to our attention that the Pharmacy Council of New South Wales (Council) is deferring consideration of applications for approval of change of ownership of pharmacies in certain circumstances. The Council is apparently taking the view that receipt and...
A recent discussion of the Full Federal Court found that an employee engaged and paid as a casual was not in fact a casual and was entitled to annual leave. In this article we analyse the decision and the indicia for determining whether an employee is a casual and...
On 6 November 2017, the Competition and Consumer Act 2010 (Cth) was amended to provide for the introduction of a new prohibition on "concerted practices". Prior to its commencement the Australian Competition and Consumer Commission (ACCC) lobbied the Commonwealth...
In this article I will deal with some issues which should be addressed by pharmacists who are sole traders, i.e. the sole proprietor of their pharmacy business, and pharmacists who are the sole director and sole shareholder in a pharmacist's body corporate which is...
Under section 90 of the National Health Act (Act), the Secretary of the Department of Health has the power to approve or reject a registered pharmacist’s application to supply pharmaceutical benefits at particular premises. Just recently the Federal Court of Australia...
![[INFOGRAPHIC] Selling a Pharmacy](https://clw.com.au/wp-content/uploads/2017/07/Selling-pharmacy-square-400x250.jpg)
The sale of a pharmacy or an interest in a pharmacy will be on of your most significant commercial decisions. It is important to get it right. This infographic is a basic overview of the necessary steps you'll need to take. Ready to start the process? Talk to...
![[INFOGRAPHIC] Buying a Pharmacy](https://clw.com.au/wp-content/uploads/2017/07/buying-pharmacy-square-400x250.jpg)
The purchase of a pharmacy or an interest in a pharmacy will be on of your most significant commercial decisions. It is important to get it right. This infographic is a basic overview of the necessary steps you'll need to take. Ready to start the process? Talk to...
Comparative advertising can be an effective way to advertise goods. However, pharmacies must be careful, as their advertisements will most likely be scrutinised by at least one competitor pharmacy and sometimes even the ACCC. Case Study: Just last year for example,...
On 2 December 2015, the Parliament strengthened the rules relating to claims for pharmaceutical benefits under the National Health Act (Determination). The Determination provides that approved pharmacists must not make a claim for payment from the Commonwealth in...
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