Re: Frances

Case

[2017] FamCA 904

10 November 2017


Details
AGLC Case Decision Date
Re: Frances [2017] FamCA 904 [2017] FamCA 904 10 November 2017

CaseChat Overview and Summary

In the matter of *Re: Frances*, Rees J of the Supreme Court of [State of Australia] considered an application concerning the medical treatment of a child, Frances, born in 2000. The dispute centred on Frances's capacity to consent to medical treatment for gender dysphoria.

The primary legal issue before the Court was whether Frances, as a minor, possessed the legal capacity to consent to the administration of Stage 2 treatment for gender dysphoria, specifically oestrogen and associated medications. This required the Court to assess Frances's maturity and understanding of the proposed treatment.

Rees J determined that Frances was competent to consent to the proposed treatment. The Court applied the principles of the common law regarding the capacity of minors to consent to medical treatment, which considers the maturity and understanding of the individual child. The Court found that Frances had sufficient understanding and intelligence to enable her to understand the nature and purpose of the treatment and its consequences.

The Court declared that Frances was competent to consent to the administration of Stage 2 treatment for gender dysphoria and authorised her treating medical practitioners to be provided with a copy of the reasons and orders. Strict non-publication orders were made to protect Frances's identity, with only anonymised reasons to be released to non-parties. Access to the Court file was also restricted without judicial leave.
Details

Areas of Law

  • Family Law

  • Administrative Law

Legal Concepts

  • Consent

  • Jurisdiction

  • Natural Justice

  • Procedural Fairness

  • Standing

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