Women's Electoral Lobby (Australia) Inc. representing the interests of Australian women in maintaining the right to choose
There is a case before the High Court at the moment (September/October 1996) in which a woman is suing her doctor for damages for failing to diagnose her pregnancy in time for her to have an abortion. The case was heard in the Supreme Court of NSW where Justice Newman held she was not entitled to damages because if she had had an abortion it would have been unlawful.
She appealed and a 2:1 majority of the Appellate Court held she was entitled to damages. The matter was sent back to be retried on the amount to be awarded. (Two of the judges found she had contributed to her own loss by failing to put the child up for adoption!) The defendants - the doctors and their employer, Superclinics - have appealed the appeal and it is now before the High Court of Australia.
On the first of the two days set aside by the Court to hear the matter, the Australian Catholic Health Care Association and the Australian Catholic Bishops Conference sought leave to intervene in the matter as amicus curiae (“friend of the court”). The six person Court split 3:3 and on the casting vote of Chief Justice Sir Gerard Brennan, they were allowed to appear.
The next day, the Abortion Providers Federation also sought leave to appear and were granted such leave. Both parties will be allowed to present a written submission to the Court but will not be allowed to participate in oral argument.
The nub of the Bishops' submission is that the Court ought to find that Judges Menhennit (Victoria) and Levine (NSW) were wrong in their interpretations of the Crimes Act in relation to abortion, and that the Acts should be interpreted to mean abortion is unlawful. Further, they urge the Court to find that “the law should accept the legal personality of the unborn child”. This would be a complete change in our legal tradition which maintains that in order to have legal rights, a person has to be born.
If they accept the Bishops' argument, it is open to the Court to find:
In the US, this has led to women being locked up, hospitalised and even forced to undergo surgery against their consent on the order of a court acting on behalf of the foetus.
The Women's Electoral Lobby Australia Inc. is applying to the High Court to appear as amicus curiae. Together with legal representatives, WEL is preparing an affidavit which seeks to persuade the Court it will benefit from hearing WEL's contribution on the matter of the law involved, and that WEL represents parties directly and immediately affected by the potential decision of the Court. WEL is seeking the support of other organisations in this application.
If WEL is granted leave to make a submission, this will need to be ready by 11th October. The costs involved in such actions are considerable. Simply making the application will cost up to $6000. If granted leave, it is very likely WEL will be required to commit to cover the further costs incurred by the Court (fees and fares of counsel for the original parties) in hearing further submissions - up to $50,000.
This is the most urgent challenge to Australian women's right to choose ever! Women are urged to demonstrate their support for maintaining access to safe, lawful abortion by donating or pledging a donation to WEL's fighting fund.
WEL's credentials for representing the interests of Australian women in this matter are presented on subsequent pages.
Page created 01 October 1996; last updated 20 June 1999