Queen Victoria Memorial Hospital v Thornton

The High Court of Australia considered a dispute between the Queen Victoria Memorial Hospital and Thornton concerning the validity of a provision within the *Constitution* of the hospital.

The central legal issue before the Court was whether a particular clause within the hospital's constitution, which stipulated that only women could be members of the hospital's governing body, was valid and enforceable.

The Court reasoned that the *Constitution* of the hospital, as a private entity, was a contractual document governing the relationship between its members. It held that the provision restricting membership to women was a valid term of that contract and did not contravene any overriding public policy or statutory provision. The Court applied principles of contract law, emphasizing the freedom of association and the right of private bodies to set their own membership criteria, provided they are not unlawful.

The High Court dismissed the appeal, upholding the validity of the membership restriction.