Re: Celeste

Case

[2016] FamCA 503

29 March 2016


Details
AGLC Case Decision Date
Re: Celeste [2016] FamCA 503 [2016] FamCA 503 29 March 2016

CaseChat Overview and Summary

In the matter of *Re: Celeste*, Johnston J of the Supreme Court of [State of Australia] was required to determine the competency of a minor, Celeste, to consent to medical treatment for gender dysphoria. The proceedings concerned the administration of Stage 2 treatment for this condition, as defined by the DSM-5.

The central legal issue before the Court was whether Celeste possessed the requisite capacity to consent to the proposed medical treatment. This involved an assessment of her maturity, understanding, and ability to make an informed decision regarding her healthcare.

Johnston J applied the principles of common law regarding the capacity of minors to consent to medical treatment. The Court considered Celeste's age, her understanding of the nature and consequences of the proposed treatment, and her ability to make a voluntary and informed choice. Having assessed these factors, the Court declared that Celeste was competent to consent to the administration of Stage 2 treatment for gender dysphoria.

Consequently, the Court granted leave to apply on short notice for the implementation of this declaration and any associated matters. The Court also made extensive orders for the anonymisation of the proceedings and the protection of Celeste's identity, prohibiting publication of her full name and any identifying details. The appointment of the Independent Children’s Lawyer was discharged, and all other existing applications were dismissed.
Details

Areas of Law

  • Family Law

  • Administrative Law

  • Statutory Interpretation

Legal Concepts

  • Consent

  • Jurisdiction

  • Judicial Review

  • Standing

  • Procedural Fairness

Actions
Download as PDF Download as Word Document


Cases Citing This Decision

0

Cases Cited

0

Statutory Material Cited

1