MCBAIN CASE

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Last updated 2:29 PM on 6/24/26
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Mcbain V State of Victoria - Key legilsation

Sex discrimination act 1984 (Cth)

Infertility treatment act 1995 (Vic)

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Mcbain V State of Victoria 2000 - Facts

  • Mcbain an IVF specialist doctor had a patient Leesa Meldrum wished to concieve through IVF

  • Victorian Infertility tretament Act stated that to receive tretament a women must be married and living with her husband or in a defacto relatonship with a man

  • By denying Meldrum teh service Mcbain would be discriminating her on her marital status

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Mcbain V State of Victoria 2000 - Legal issue and decision

  • Section 8 of the Victorian Act was inconsistent with section 22 of the commonwealth Act

  • Section 109 of the constitution was upheld and the latter prevailed to the extent of the inconsistency. The Victorian marital status requirement was inconsistent with the commonwealth

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Mcbain V State of Victoria - Significance

  • Single and unmarried women in Victoria gained the legal right to access IVF services,

  • Upholds section 109s resolution to inconsistencies “latter shall prevail”

  • The States residual power over health and hospitals was restricted and declared invalid as it conflicted with a valid Commonwealth law (Sex Discrimination Act).

  • Led the Victorian Parliament to repeal the old Act and replace it with the Assisted Reproductive Treatment Act 2008 (Vic) to reflect the Court's ruling.