Re Jodie

Case

[2013] FamCA 62

14 February 2013


Details
AGLC Case Decision Date
RE JODIE [2013] FamCA 62 [2013] FamCA 62 14 February 2013

CaseChat Overview and Summary

In the matter of *Re Jodie*, the applicant mother sought authorisation to consent to medical treatment for her child, Jodie, who was diagnosed with gender identity disorder. The proceedings were before Justice Dawe of the Family Court of Australia. The dispute concerned the court's jurisdiction to authorise such treatment and the appropriate orders to be made in relation to the child's medical care.

The primary legal issues before the court were whether it possessed the jurisdiction to make orders authorising special medical procedures for a child diagnosed with gender identity disorder, and if so, what those orders should entail. This involved considering the scope of the Family Court's powers under the *Family Law Act 1975* (Cth) in relation to children's welfare and medical treatment, particularly in circumstances involving complex and potentially irreversible interventions.

Justice Dawe applied the principles established in *Secretary, Department of Health and Community Services v JWB and SMB* (1992) 175 CLR 518 (commonly known as *Marion's Case*), which affirmed the Family Court's jurisdiction to authorise medical procedures for children that are not in their best interests or are of a serious nature. The court considered the child's diagnosis and the proposed treatment, which involved the administration of Lucrin to suppress pre-pubertal levels of gonadotrophins and testosterone. The court also had regard to previous decisions concerning gender identity disorder and special medical procedures, such as *Re Alex* and *Re Brodie*.

The court made orders authorising the mother to consent to Stage 1 Treatment on behalf of Jodie, under the guidance of her treating medical practitioners, including her endocrinologist and psychiatrist. These orders specified the administration of Lucrin in a dose, manner, and frequency determined by the medical practitioners to achieve the desired suppression of hormone levels. The court also made extensive orders for the anonymisation of the judgment and suppression of identifying details to protect Jodie's privacy, and restricted access to the court file. The final application was adjourned for mention.
Details

Areas of Law

  • Family Law

  • Administrative Law

Legal Concepts

  • Jurisdiction

  • Consent

  • Natural Justice

  • Procedural Fairness

  • Judicial Review

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Most Recent Citation
Re: Ash [2021] FedCFamC1F 100

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