Practice conditions and defamation

Nyoni v Pharmacy Board of Australia (No 2) [2016] FCA 1397 required the court to consider the publication on an AHPRA website of a series of conditions placed on the practice of the applicant pharmacist.

The pharmacist alleged that the publication of the conditions was defamatory and comprised misleading and deceptive conduct. The second defendant (a delegate of the CEO of the Department of Health) successfully asked for the claim against him to be summarily dismissed.  The court held that the action against the second defendant had no reasonable prospect of succeeding.

In a related matter Nyoni v Pharmacy Board of Australia (No 3) [2016] FCA 1398 the applicant unsuccessfully sought injunctions against the first respondent (the Board) and the third respondent (AHPRA).

With thanks to Mr Roop Sandhu for drawing attention to these two decisions.