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Attorney-General (Vic) Ex Rel Dale V Commonwealth
''Attorney-General (Vic); Ex rel Dale v Commonwealth'',. commonly known as the "First Pharmaceutical Benefits case", was a High Court of Australia decision. The case dealt with limits of the powers of the Australian Federal Government under section 81 of the Constitution of Australia, Consolidated Revenue Fund. to take and spend money by legislation, in this case to fund reduced prices for prescription medicines. Background In 1944, the Labor Federal Government of Prime Minister Ben Chifley bill for the "Pharmaceutical Benefits Act 1944" received Royal Assent. The law was immediately challenged by the Attorney-General for Victoria on behalf of three Victorian medical doctors, Dale, McCallum and Watson, who were the president, vice-president and secretary of the Victorian Medical Association.The latin abbreviation "ex rel" in the title means "at the relation of" and indicates the Attorney General was bringing the proceedings on behalf of the doctors. Doctors opposed th ...
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Attorney-General Of Victoria (Australia)
The Attorney-General of Victoria, in formal contexts also Attorney-General or Attorney General for Victoria,See, e.g., ''Bullivant v Attorney-General for Victoria'' 900AC 196; ''Ryan v Attorney General for Victoria'' 967VR 514 is a minister in the Government of Victoria, Australia. The Attorney-General is a senior minister in the state government and the First Law Officer of the State. The current Attorney-General of Victoria has, since December 2024, been Sonya Kilkenny of the Australian Labor Party. The Attorney-General is one of the ministers who administer parts of the Victorian Department of Justice and Community Safety, with responsibility for the state's courts and tribunals. Bill Slater served as Attorney-General of Victoria 6 separate times and Arthur Rylah holds the record for the longest term of 11 years and 334 days. Colonial Victoria Post-federation See also * Justice ministry * Politics of Victoria References {{Victorian ministries Victor ...
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Prescription Medicine
A prescription drug (also prescription medication, prescription medicine or prescription-only medication) is a pharmaceutical drug that is permitted to be dispensed only to those with a medical prescription. In contrast, over-the-counter drugs can be obtained without a prescription. The reason for this difference in substance control is the potential scope of misuse, from drug abuse to practising medicine without a license and without sufficient education. Different jurisdictions have different definitions of what constitutes a prescription drug. In North America, , usually printed as "Rx", is used as an abbreviation of the word "prescription". It is a contraction of the Latin word "''recipe''" (an imperative form of "recipere") meaning "take". Prescription drugs are often dispensed together with a monograph (in Europe, a Patient Information Leaflet or PIL) that gives detailed information about the drug. The use of prescription drugs has been increasing since the 1960s. Regula ...
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Ultra Vires
('beyond the powers') is a Latin phrase used in law to describe an act that requires legal authority but is done without it. Its opposite, an act done under proper authority, is ('within the powers'). Acts that are may equivalently be termed "valid", and those that are termed "invalid". Legal issues relating to can arise in a variety of contexts: * Companies and other legal persons sometimes have limited legal capacity to act, and attempts to engage in activities beyond their legal capacities may be . Most countries have restricted the doctrine of in relation to companies by statute. * Similarly, statutory and governmental bodies may have limits upon the acts and activities which they legally engage in. * Subordinate legislation which is purported passed without the proper legal authority may be invalid as beyond the powers of the authority which issued it. Corporate law In corporate law, describes acts attempted by a corporation that are beyond the scope of power ...
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Attorney-General For NSW V Brewery Employees Union Of NSW
''Attorney-General (NSW) v Brewery Employees Union of NSW'',. commonly known as the ''Union Label case'', was a landmark decision by the High Court of Australia on 8 August 1908. The case was significant in relation to the endorsement by the majority of the court of the reserved powers doctrine and as the first case to consider the scope of the power of the Commonwealth regarding trade marks. It also addressed who could challenge a law as unconstitutional. There was a strong division in the Court between the original members , Griffith CJ, Barton and O'Connor JJ and the two newly appointed justices, Isaacs and Higgins JJ. Background The case concerned the use of union labels to indicate that goods were produced by members of a union. Isaac Isaacs, the then Attorney-General, supported the Trade Marks Bill in parliament, describing the union label as a guarantee of wholesomeness, in respect of the wages, hours of labour, and health requirements that applied to the manufactur ...
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Commonwealth Government
The Australian Government, also known as the Commonwealth Government or simply as the federal government, is the national executive government of Australia, a federal parliamentary constitutional monarchy. The executive consists of the prime minister, cabinet ministers and other ministers that currently have the support of a majority of the members of the House of Representatives (the lower house) and also includes the departments and other executive bodies that ministers oversee. The current executive government consists of Anthony Albanese and other ministers of the Australian Labor Party (ALP), in office since the 2022 federal election. The prime minister is the head of the federal government and is a role which exists by constitutional convention, rather than by law. They are appointed to the role by the governor-general (the federal representative of the monarch of Australia). The governor-general normally appoints the parliamentary leader who commands the confiden ...
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Standing (law)
In law, standing or ''locus standi'' is a condition that a party seeking a legal remedy must show they have, by demonstrating to the court, sufficient connection to and harm from the law or action challenged to support that party's participation in the case. A party has standing in the following situations: * The party is directly subject to an adverse effect by the statute or action in question, and the harm suffered will continue unless the court grants relief in the form of damages or a finding that the law either does not apply to the party or that the law is void or can be nullified. In informal terms, a party must have something to lose. The party has standing because they will be directly harmed by the conditions for which they are asking the court for relief. * The party is not directly harmed by the conditions for which they are petitioning the court for relief but asks for it because the harm involved has some reasonable relation to their situation, and the continued exi ...
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Australian Medical Association
The Australian Medical Association (AMA) is an independent professional association for Australian physician, doctors and medical school#Medical students, medical students. The association is not a government authority and does not regulate or certify doctors, a responsibility which lies with the Australian Health Practitioner Regulation Agency. The association's national headquarters are located in Barton, Australian Capital Territory, in addition to the offices of its branches in each of the states and territories in Australia. The organisation aims to lead health policy debate. It is based on a structure of state branches and committees. The AMA advocates to promote and protect the interests of doctors in Australia, and medical patient care. It has around 30,000 members forming the largest voluntary association of doctors in Australia. The AMA has traditionally been a politically conservative body, although the AMA officially endorses trials to use pill testing. The AMA o ...
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Physician
A physician, medical practitioner (British English), medical doctor, or simply doctor is a health professional who practices medicine, which is concerned with promoting, maintaining or restoring health through the Medical education, study, Medical diagnosis, diagnosis, prognosis and therapy, treatment of disease, injury, and other physical and mental impairments. Physicians may focus their practice on certain disease categories, types of patients, and methods of treatment—known as Specialty (medicine), specialities—or they may assume responsibility for the provision of continuing and comprehensive medical care to individuals, families, and communities—known as general practitioner, general practice. Medical practice properly requires both a detailed knowledge of the Discipline (academia), academic disciplines, such as anatomy and physiology, pathophysiology, underlying diseases, and their treatment, which is the science of medicine, and a decent Competence (human resources ...
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Ex Rel
''Ex rel.'' is an abbreviation of the Latin phrase "''ex relatione'' (meaning " risingout of the relation/narration f the relator ). The term is a legal phrase; the legal citation guide, the ''Bluebook'', describes ''ex rel.'' as a "procedural phrase" and requires using it to abbreviate "on the relation of", "for the use of", "on behalf of", and similar expressions. It is most commonly used when a government brings a cause of action upon the request of a private party who has some interest in the matter. The private party is called the '' relator'' in such a case. The government acts on the basis of the narration or recounting (Latin ''relatione'') of the alleged facts by the relator. Governments typically accept applications and commence litigation for ''ex rel.'' actions only if the interest advanced by the private party is similar to the interest of the government. New York has a " forever wild" constitutional article, which is enforceable by action of the New York State Att ...
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Parliament Of Australia
The Parliament of Australia (officially the Parliament of the Commonwealth and also known as the Federal Parliament) is the federal legislature of Australia. It consists of three elements: the Monarchy of Australia, monarch of Australia (represented by the Governor-General of Australia, governor-general), the Australian Senate, Senate (the upper house), and the Australian House of Representatives, House of Representatives (the lower house).''Australian Constitution's 1– via Austlii. The Australian Parliament combines elements from the British Westminster system, in which the party or coalition with a majority in the lower house is entitled to form a government, and the United States Congress, which affords equal representation to each of the states, and scrutinises legislation before it can be signed into law. The upper house, the Senate, consists of 76 members: twelve for each States and territories of Australia, state, and two for each of the self-governing States and terr ...
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Bill (proposed Law)
A bill is a proposal for a new law, or a proposal to substantially alter an existing law. A bill does not become law until it has been passed by the legislature and, in most cases, approved by the Executive (government), executive. Bills are introduced in the legislature and are there discussed, debated on, and voted upon. Once a bill has been enacted into law by the legislature, it is called an ''Act of Parliament, act of the legislature'', or a ''statute''. Usage The word ''bill'' is mainly used in English-speaking nations formerly part of the British Empire whose legal systems originated in the common law of the United Kingdom, including the United States. The parts of a bill are known as ''clauses'', until it has become an act of parliament, from which time the parts of the law are known as ''sections''. In nations that have civil law (legal system), civil law systems (including France, Belgium, Luxembourg, Spain and Portugal), a proposed law is known as a "law projec ...
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