Re: Marley

In proceedings before Forrest J of the Family Court of Australia, the applicants, identified as the child Marley's parents, sought orders concerning Marley's medical treatment. The proceedings involved an application for leave to intervene by a relevant Department, and crucially, for leave to allow the child, Marley, to sign an affidavit to be filed and read in the proceedings.

The primary legal issues before the Court were whether to grant leave for the child to sign an affidavit, and whether to authorise the parents to consent to medical treatment for Marley. Specifically, the Court was asked to consider authorising the administration of Intramuscular Primoteston (testosterone enanthate) for the purpose of achieving male puberty, under the guidance of the child's treating medical practitioners.

Forrest J applied section 100B(1) of the *Family Law Act 1975* (Cth) to grant leave, *nunc pro tunc*, for Marley to sign an affidavit. The Court also applied section 67ZC of the *Family Law Act 1975* (Cth) to authorise the applicants, as Marley's father and mother, to consent to the specified medical treatment. This authorisation was to be exercised in consultation with Marley's endocrinologist and psychiatrist, to determine the appropriate dosage, manner, and frequency of the testosterone administration. The Court also made orders for the anonymisation of the judgment and orders to protect Marley's identity.