Re: Larissa

Case

[2015] FamCA 1144

18 December 2015


Details
AGLC Case Decision Date
Re: Larissa [2015] FamCA 1144 [2015] FamCA 1144 18 December 2015

CaseChat Overview and Summary

In the matter of Re: Larissa, the applicant mother sought a declaration that her child, Larissa, who was 16 years old, was competent to authorise her own stage two treatment for Gender Dysphoria. Previous orders had granted the mother sole parental responsibility for the child's treatment. The father had not participated in the current proceedings. The child's treating medical experts and the mother supported the commencement of stage two treatment.

The court was required to determine whether Larissa possessed Gillick competence, meaning she had sufficient understanding and intelligence to enable her to understand as much as she can of what is proposed, and to make a decision in relation to the proposed medical treatment. The court also considered an application to dispense with the requirement to serve the Medical Procedure Application on the prescribed child welfare authority, given that there was no controversy regarding the child's competency.

Johns J found that Larissa was competent to consent to the stage two treatment for Gender Dysphoria. The court applied the principles of Gillick competence, assessing the child's maturity and understanding of the proposed treatment. The court was satisfied that Larissa had the necessary capacity to make her own decision.

Consequently, the court ordered that the requirement to serve the Initiating Application on the prescribed child welfare authority be dispensed with pursuant to rule 1.12 of the Family Law Rules 2004 (Cth). The court further declared that Larissa was authorised to make her own decision in relation to the stage two treatment for Gender Dysphoria. The court also made extensive orders regarding the anonymisation of the judgment and orders to protect Larissa's identity.
Details

Areas of Law

  • Family Law

  • Administrative Law

Legal Concepts

  • Consent

  • Judicial Review

  • Standing

  • Procedural Fairness

  • Jurisdiction

  • Remedies

Actions
Download as PDF Download as Word Document


Cases Citing This Decision

0