Re: Kendall

In the matter of Kendall, Austin J of the Supreme Court of New South Wales was required to determine whether a child, identified as Kendall (formerly known as B), born in 2000, possessed the legal capacity to consent to Phase 2 treatment for Gender Dysphoria. The proceedings involved the child and her family seeking a declaration regarding her competency to consent to this medical treatment.

The central legal issue before the Court was the capacity of a minor to consent to medical treatment, specifically in the context of Gender Dysphoria. This required an assessment of the child's understanding of the nature, purpose, and consequences of the proposed treatment, and whether she had the maturity and intelligence to make such a decision. The Court also had to consider the implications of the *Family Law Act 1975* (Cth), particularly section 121, concerning the publication of identifying information in family law proceedings.

Austin J applied the principles of common law regarding the capacity of minors to consent to medical treatment, often referred to as the "Gillick competence" test, adapted for the Australian legal context. This involves assessing whether the minor has sufficient understanding and intelligence to comprehend the nature and implications of the proposed treatment. The Court found that Kendall was competent to consent to the administration of Phase 2 treatment for Gender Dysphoria. Consequently, the Court made orders declaring her competency and imposing strict publication restrictions to protect her identity and privacy, while also granting leave for the anonymised reasons and orders to be shared with her treating medical practitioners.