Re: Corey

Case

[2017] FamCA 595

21 July 2017


Details
AGLC Case Decision Date
Re: Corey [2017] FamCA 595 [2017] FamCA 595 21 July 2017

CaseChat Overview and Summary

In the matter of *Re: Corey*, Austin J of the Supreme Court of New South Wales was required to determine the capacity of a child, referred to as Corey, to consent to medical treatment for gender dysphoria. The proceedings concerned the administration of Phase 2 treatment for this condition.

The central legal issue before the Court was whether Corey, a child born in 2000, possessed the legal capacity to consent to the proposed medical treatment. This involved an assessment of his maturity and understanding of the nature and consequences of the treatment.

Austin J applied the principles of the common law regarding the capacity of minors to consent to medical treatment, often referred to as the *Gillick* competence test. The Court considered evidence regarding Corey's understanding of his condition, the proposed treatment, and its potential effects. Having been satisfied that Corey had attained a sufficient understanding and intelligence to enable him to understand fully what is proposed, the Court made a declaration that he was competent to consent to the administration of Phase 2 treatment for gender dysphoria. The Court also made orders for the suppression of identifying information to protect the child's privacy.
Details

Areas of Law

  • Family Law

  • Administrative Law

Legal Concepts

  • Consent

  • Jurisdiction

  • Natural Justice

  • Procedural Fairness

  • Standing

  • Judicial Review

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