[2] Macartney returned to Melbourne from Fiji in 1872 and he settled in Albert Park and began working as a barrister and delivering lectures on temperance.

[1] He was joined by his family and they returned to Gippsland however his wife left to live with a friend due to him beating her in front of their children.

[2] Around June 1877 Macartney was re-elected as the member for Gippsland South and Francis Mason, who he unseated, lodged a petition arguing he was ineligible due to being a minister of the Church of England.

[6] In September 1877 his wife filed for divorce on the grounds of adultery, alleging Macartney had an affair with the families live-in governess, and ill-treatment since the year 1873.

[2] In May 1878 Macartney became ill and he was prescribed chloral as a sleeping draught and drank an entire bottle causing an overdose and he died on 2 June 1878.