Re: Mackenzie

In proceedings before Tree J of the Family Court of Australia, the applicant mother sought orders concerning the medical treatment of her child, Mackenzie. The core of the dispute revolved around Mackenzie's capacity to consent to stage two treatment for Gender Dysphoria.

The court was required to determine whether Mackenzie was competent to consent to the proposed medical treatment, and consequently, whether compliance with specific Family Law Rules regarding evidence and procedure could be dispensed with. The court also considered the appropriate publication and access to its orders and reasons, given the sensitive nature of the proceedings and the identity of the child.

Tree J found that Mackenzie was competent to consent to the administration of stage two treatment for Gender Dysphoria. The court dispensed with the need for compliance with Family Law Rules 4.09 and 4.10, indicating a recognition of the unique circumstances of the case and the child's capacity. Strict non-publication orders were made to protect Mackenzie's identity, with only anonymised reasons to be released to non-parties unless otherwise ordered. The court granted leave for the applicant mother and Mackenzie to provide unanonymised copies of the orders and reasons to treating practitioners, and further restricted access to the court file. The Independent Children's Lawyer was discharged with the court's thanks.

Ultimately, the Initiating Application filed on 17 May 2016 was dismissed, and the matter was removed from the list of active pending cases.