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13 Pages • Complete Study Notes • Year: Pre-2021
What is Law? ▪ “Law is a means of ordering society and resolving disputes” McBain v Victoria (2000) 99 FCR 116; 177 ALR 320 ▪ Lisa Meldrum single women sought the assistance of Dr McBain for IVF treatment ▪ He couldn’t treat her due to a breach of the Infertility Treatment Act 1995 (Vic) s 8(1); she had to be married or in a de facto relationship ▪ McBain challenged this (Federal Court) – conflict between Infertility Act and s 22 of the Sex Discrimination Act 1984 (Cth); unlawful for a person who provides goods (McBain) to discriminate based on person’s marital status ▪ Inconsistency between state and commonwealth laws; governed by s 109 Australian Constitution - Commonwealth law prevails Different perspectives of McBain: ▪ Story about individual problems and private lives – both benefited as an outcome ▪ Conflicting values and social change; use of reproductive technology ▪ Legal dispute: involved legal institutions and mechanisms Criminal and Civil law: ▪ Criminal law: Conduct that is harmful to society, prohibits certain acts, proscribes punishments ▪ Civil law: Regulating relationships, creation of rights and liabilities, and consequences for breaches Public and Private Law: ▪ Public: regulating the relationship and the functioning of society and the state ▪ Private: relationships of individuals – less direct influence of the state ▪ Classical liberalism privileges the individual over the state ▪ Purely private realm is impossible to sustain now, due to the increase of government regulation
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