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Fertility doctor Lynn Burmeister in legal battle with Monash IVF

MELBOURNE’S “fertility queen” Lynn Burmeister is locked in a legal battle with Monash IVF, as the company tries to stop her opening her own clinic.

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MELBOURNE’S “fertility queen” Lynn Burmeister is locked in a legal battle with Monash IVF as they try to stop her from opening her own clinic.

Dr Burmeister, who has helped thousands of women, including TV host Sonia Kruger, have a much-wanted baby, last month resigned from Monash IVF’s Richmond clinic.

Following her final day on September 11, she planned on opening her own practice.

But Monash IVF has applied to the Supreme Court of New South Wales to stop her.

The leading assisted reproductive company, which created the world’s first test-tube pregnancy in 1973, claims she is bound by a contract with a 12-month “restraint of trade” clause.

Dr Burmeister argues the covenants are “unenforceable” and has commenced her own proceedings in Victoria’s Supreme Court.

In an online post to her patients on Friday, Dr Burmeister apologised for causing them any stress before explaining the mammoth legal fight.

Dr Lynn Burmeister hugs one of her IVF babies, Milla McLachlan, the daughter of <i>Sunday Herald Sun </i>columnist Hamish McLachlan.
Dr Lynn Burmeister hugs one of her IVF babies, Milla McLachlan, the daughter of Sunday Herald Sun columnist Hamish McLachlan.

“Monash IVF alleges that under an agreement which I have with it, I am in effect restrained from providing commercial IVF services in competition with it for a period of 12 months,” she wrote.

“I dispute that the restraint ... is enforceable and I have issued proceedings in the Supreme Court of Victoria seeking a declaration to this effect.

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“Monash IVF subsequently issued proceedings in the Supreme Court of NSW seeking to enforce the alleged restraint.

“Accordingly, the matter is now before the courts. I hope to get a decision before I leave Monash IVF.”

One of the most popular and well-respected in her field, many would-be mothers would seek out her services at Monash IVF.

Supporters have rallied around the fertility doctor online, even offering to start a petition to give to the Supreme Court.

Dr Lynn Burmeister (sitting) with mothers she has helped to have children through IVF. Picture: Erin Camille
Dr Lynn Burmeister (sitting) with mothers she has helped to have children through IVF. Picture: Erin Camille
Sonia Kruger credits Dr Burmeister’s help, through IVF, to having her daughter, Maggie.
Sonia Kruger credits Dr Burmeister’s help, through IVF, to having her daughter, Maggie.

Kruger, who at age 48 successfully used IVF with a donor egg from a friend, was one of Dr Burmeister’s oldest patients.

The Channel 9 celebrity could not praise the “baby whisperer” enough throughout her pregnancy and when baby Maggie was born in January 2015.

Dr Burmeister also helped Sunday Herald Sun columnist Hamish McLachlan and his wife, Sophie, conceive daughter Milla.

The reason for Dr Burmeister’s sudden resignation is not known.

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But the Sunday Herald Sun understands the company’s fertility doctors are fed up with a switch in focus to shareholders instead of patient care since it floated on the Australian Securities Exchange in June 2014.

Dr Burmeister would not comment when contacted by the Sunday Herald Sun yesterday.

Monash IVF also would not comment.

The matter is next listed for a three-day hearing in the New South Wales Supreme Court on July 17.

rebekah.cavanagh@news.com.au

Original URL: https://www.heraldsun.com.au/news/law-order/fertility-doctor-lynn-burmeister-in-legal-battle-with-monash-ivf/news-story/0fcb63585dab601e87fc5456120f3997