A GP who overcame the Byzantine pharmacy location rules to open a 24-hour chemist co-located in his practice could be forced to close it on a technicality.

In 2017, Melbourne GP Dr Alan Cunneen’s plan to open a co-located pharmacy was foiled when the Federal Court declared that Pinewood Shopping Village, next door to the clinic, was technically not a shopping centre — despite having more than 60 shops and parking for 500 cars.

The decision meant the pharmacy could not open under a rule that says new pharmacies are not allowed to open within 500m of any that already exist, unless the pharmacies are in a shopping centre.

But Minister for Health Greg Hunt intervened, using his discretionary powers to allow the opening of the pharmacy because without it, the community would not have been able to reasonably access medicines.