Re Matthew

Case

[2018] FamCA 161

16 March 2018


Details
AGLC Case Decision Date
Re Matthew [2018] FamCA 161 [2018] FamCA 161 16 March 2018

CaseChat Overview and Summary

In the matter of *Re Matthew*, Rees J of the Family Court of Australia considered an application concerning the treatment of a child diagnosed with Gender Dysphoria. The proceedings involved the subject child, Matthew, his treating practitioners, and his parents.

The central legal issue before the Court was whether an application to the Family Court was necessary before a child diagnosed with Gender Dysphoria, who was considered Gillick competent by treating practitioners, could proceed with Stage 3 treatment, particularly where there was no controversy or dispute among the parties involved.

Rees J reasoned that in the specific circumstances presented, where the child had been diagnosed with Gender Dysphoria, was deemed Gillick competent by treating practitioners, and the proposed treatment was agreed to be therapeutic and uncontroversial, no application to the Family Court was required for Stage 3 treatment to proceed. The Court declared that such an application was unnecessary in these circumstances.

Consequently, the Court ordered that the application filed on 30 November 2017 be dismissed. Further orders were made to protect the anonymity of the child and all identifying details of the case, with only anonymised reasons and orders to be released to non-parties. Leave of a Judge was required to search the Court file.
Details

Areas of Law

  • Family Law

  • Administrative Law

Legal Concepts

  • Jurisdiction

  • Natural Justice

  • Procedural Fairness

  • Standing

  • Judicial Review

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Most Recent Citation
Re: Kelly [2022] FedCFamC1F 380

Cases Citing This Decision

7

Re Imogen (No 6) [2020] FamCA 761
Re: Ryan [2019] FamCA 112
Re: Chloe [2018] FamCA 1006