Case Examples for the Exam

[morgs21]

McBain v State of Victoria [2002]

Vic legislation: Infertility Treatment Act 1995 discriminated against single women by denying access to fertility treatment.   
Cth legislation: Sex Discrimination Act 1984 prohibits discrimination on the basis of marital status.

This is a great example for the impact of Section 109, as the Victorian legislation was invalid with the Commonwealth. Therefore the court found key provisions of the Vic Act were invalid to the extent of the inconsistency, as the Victorian legislation banned single women accessing fertility treatment.

[michak]

^We don't really need to know an example though do we?

[Dejan]

You really don't need to unless VCAA decides to be a cunt, and asks to include a example of a case impacting S109

[michak]

That would be very very unfair and everyone would complain, including teachers
cause the study design only mentions high court interpretation cases and ones for the implied right
Oh yeah and one case about protecting rights
They better not 

[Dejan]

Not even in sacs or any past exams they have appeared so it's not likely, if it's not in the study design doesn't make any mention or reference to them then you don't need to worry about it and study for it.

[morgs21]

You might not need to know those examples but they prove to the examiner that you know your shit and you're different from the others.
Just strengthens the answer even if its not specifically mentioned in the study design.

[michak]

I reckon cases only work in some situations such as relationships between parliament and courts eg. when parliament had codified the common law made in the Deing v. tarola
Make no mistake i think its a good example but i dont think you need on for section 109

[oizoo]

I reckon cases only work in some situations such as relationships between parliament and courts eg. when parliament had codified the common law made in the Deing v. tarola
Make no mistake i think its a good example but i dont think you need on for section 109

Would agree here, I'm under the impression that an example for this may just be 'padding' could be added if you have extra time left, otherwise I haven't seen it on any of the exams/sacs