Re: Lincoln
Case
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[2016] FamCA 267
•22 April 2016
Details
AGLC
Case
Decision Date
Re: Lincoln [2016] FamCA 267
[2016] FamCA 267
22 April 2016
CaseChat Overview and Summary
In the matter of *Re: Lincoln*, Justice Stevenson of the Supreme Court of [State] considered the capacity of a child, Lincoln, to consent to medical treatment for gender dysphoria. The proceedings involved Lincoln, his family, his medical practitioners, his school, and the Independent Children’s Lawyer, with the State of [State] being the jurisdiction in which the proceedings were initiated.
The central legal issue before the Court was whether Lincoln, born in 2001, possessed the legal competence to consent to Stage 2 medical treatment for gender dysphoria. This required the Court to assess Lincoln's maturity and understanding of the proposed treatment and its implications.
Justice Stevenson applied the principles of the common law regarding the capacity of minors to consent to medical treatment. The Court was required to be satisfied that Lincoln was competent at law to make such a decision. Upon being satisfied of Lincoln's competence, the Court authorised him to make his own decision regarding the Stage 2 medical treatment for gender dysphoria. The Court also made orders for the anonymisation of its reasons for judgment and for restricted access to the court file, to protect Lincoln's privacy.
The central legal issue before the Court was whether Lincoln, born in 2001, possessed the legal competence to consent to Stage 2 medical treatment for gender dysphoria. This required the Court to assess Lincoln's maturity and understanding of the proposed treatment and its implications.
Justice Stevenson applied the principles of the common law regarding the capacity of minors to consent to medical treatment. The Court was required to be satisfied that Lincoln was competent at law to make such a decision. Upon being satisfied of Lincoln's competence, the Court authorised him to make his own decision regarding the Stage 2 medical treatment for gender dysphoria. The Court also made orders for the anonymisation of its reasons for judgment and for restricted access to the court file, to protect Lincoln's privacy.
Details
Key Legal Topics
Areas of Law
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Family Law
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Administrative Law
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Statutory Interpretation
Legal Concepts
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Consent
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Jurisdiction
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Standing
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Judicial Review
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Natural Justice
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Procedural Fairness
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Citations
Re: Lincoln [2016] FamCA 267
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