Cases

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Last updated 7:53 AM on 7/5/26
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Section 109 - Mcbain case

unmarried woman wanted IVF treatment, doctor Mcbain was not allowed to administer treatment

Facts

  • Victorian Infertility Treatment Act 1995 (Vic) required a woman to be married or in a defacto relationship to access IVF

  • The Sxx Discrimination Act 1984 (Cth) prohibited discrimination on the basis of martial statues

Decision

  • Federal Court found vic law inconsistent with commonwealth law

  • Under section 109, the vic provision was invalid to the extent of inconsistency

Significance

  • reinforced the power of commonwealth law in concurrent areas

  • demonstrated how section 109 can protect individual rights

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High court and the division of law making powers - Brislan case

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High court and representative government - Roach case

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