Re: Julian
Case
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[2017] FamCA 621
•18 August 2017
Details
AGLC
Case
Decision Date
Re: Julian [2017] FamCA 621
[2017] FamCA 621
18 August 2017
CaseChat Overview and Summary
In *Re: Julian*, the applicant, the legal guardian of a child diagnosed with Gender Dysphoria, sought court approval for the child to commence Stage Two treatment. The central dispute concerned the child's capacity to consent to this medical intervention. The matter came before Macmillan J of the Family Court of Australia.
The primary legal issue before the Court was to determine whether the child possessed Gillick competence, meaning the capacity to understand the nature and consequences of the proposed Stage Two treatment for Gender Dysphoria.
Macmillan J was satisfied that the child was Gillick competent to consent to the proposed treatment. The Court applied the principles of Gillick competence, assessing the child's ability to understand the medical procedure and its implications. The Court noted that the treatment in question was Stage Two hormonal treatment with testosterone to masculinise the child's body.
The Court ordered that, upon being satisfied of the child's competence, the Initiating Application be dismissed, with a right of reinstatement pending the determination of a case stated in *Re Kelvin* [2017] FamCA 78, should any unresolved issues require further court determination.
The primary legal issue before the Court was to determine whether the child possessed Gillick competence, meaning the capacity to understand the nature and consequences of the proposed Stage Two treatment for Gender Dysphoria.
Macmillan J was satisfied that the child was Gillick competent to consent to the proposed treatment. The Court applied the principles of Gillick competence, assessing the child's ability to understand the medical procedure and its implications. The Court noted that the treatment in question was Stage Two hormonal treatment with testosterone to masculinise the child's body.
The Court ordered that, upon being satisfied of the child's competence, the Initiating Application be dismissed, with a right of reinstatement pending the determination of a case stated in *Re Kelvin* [2017] FamCA 78, should any unresolved issues require further court determination.
Details
Key Legal Topics
Areas of Law
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Family Law
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Equity & Trusts
Legal Concepts
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Consent
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Jurisdiction
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Standing
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Procedural Fairness
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Citations
Re: Julian [2017] FamCA 621