Re: Kate

In the matter of *Re: Kate*, Johns J of the Family Court of Australia considered an application by Kate's parents concerning medical treatment for their child, Kate, who was born in 1998. The dispute centred on the administration of oestrogen for Gender Dysphoria, with the parents seeking the court's authorisation for this treatment.

The court was required to determine whether to dispense with the usual requirement to serve the Initiating Application on the prescribed child welfare authority. Furthermore, the court had to consider whether Kate was competent to consent to the proposed medical treatment and, if so, to authorise her to make her own decision regarding that treatment. The court also had to address the publication of its reasons and orders, given the sensitive nature of the case.

Johns J applied Rule 1.12 of the Family Law Rules 2004 (Cth) to dispense with service on the child welfare authority, noting the specific circumstances of the case. The court's primary focus was on Kate's capacity to consent to the treatment. Upon being satisfied that Kate was competent, the court authorised her to make her own decision regarding the administration of oestrogen for Gender Dysphoria, under the guidance of her treating medical practitioners. The court also made extensive orders to anonymise the proceedings and restrict access to the court file to protect Kate's privacy.

Ultimately, the court dismissed the parents' Initiating Application, but this dismissal was in the context of authorising Kate to make her own treatment decisions. The court explicitly noted that the treatment in question was for Gender Dysphoria and involved the administration of oestrogen as determined by Kate's medical practitioners. The orders permitted the parents to provide un-anonymised copies of the orders and reasons to those involved in Kate's treatment.