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ARTICLE · 09 SEPTEMBER 2015

The Fertility Control Clinic case: When are decision-makers allowed to make an error?

Clayton Utz
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This Victorian decision was a timely reminder that not every erroneous conclusion will lead a court to issue a remedy.

AustraliaGovernment, Public Sector
Caroline Bush
Caroline Bush
Mathew Bock (Formerly With Clayton Utz)
Mathew Bock (Formerly With Clayton Utz)
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Key Points:

Not every erroneous conclusion will lead a court to issue a remedy.

The Supreme Court of Victoria's recent decision in Fertility Control Clinic v Melbourne City Council [2015] VSC 424 is a reminder that Australian courts will continue to tolerate some kinds of errors in decision-making, and that not all errors by decision-makers will necessarily led to a court issuing mandamus to compel the performance of a duty according to law. However, the distinction between the two kinds of errors can be elusive.

Background: a complaint about protesters

The Fertility Control Clinic operates a medical clinic in Melbourne which provides a range of family planning and reproductive services including pregnancy termination. For more than 20 years, the Helpers of God's Precious Infants have gathered near the clinic to protest.

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