Introduction
Bopping v Monash IVF Pty Ltd 1 is an
interlocutory decision of the Supreme Court of Victoria (the Court)
handed down on 1 August 2024 in relation to an application by
Monash IVF to retain stored embryos beyond the legislated 5 years.
The plaintiffs represented by Margalit Injury Lawyers, being part
of a group of former patients of Monash IVF, supported the
application and consented to the extension of the storage
period.
The decision deals with the conflict between Monash IVF's
obligation to the Court to retain all evidence that is potentially
relevant to the primary proceeding and the obligation set out in
the Assisted Reproductive Treatment Act 2008 (Vic), 2
stipulating the time limit. The following questions were raised for
consideration:
