Re: Mitchell

Case

[2017] FamCA 185

27 March 2017


Details
AGLC Case Decision Date
Re: Mitchell [2017] FamCA 185 [2017] FamCA 185 27 March 2017

CaseChat Overview and Summary

In *Re: Mitchell*, Johns J of the Family Court of Australia considered an application concerning the medical treatment of a child, Mitchell, born in 1999. The dispute centred on the proposed treatment for gender dysphoria, specifically stage two hormonal treatment with testosterone to masculinise his body.

The primary legal issue before the Court was whether the child, Mitchell, was competent to consent to the proposed medical treatment. This determination was to be made upon the Court being satisfied of Mitchell's competency.

Johns J applied the principles of medical consent for minors, considering the capacity of the child to understand the nature, consequences, and implications of the proposed treatment. The Court noted that the application was to be dismissed if Mitchell was found to be competent to consent, with a right of reinstatement pending the determination of a Case Stated in *Re Kelvin* [2017] FamCA 78, should any unresolved issues require judicial determination. The Court also made extensive orders for the anonymisation of the judgment and file to protect the child's privacy.
Details

Areas of Law

  • Family Law

  • Administrative Law

Legal Concepts

  • Consent

  • Judicial Review

  • Standing

  • Procedural Fairness

  • Jurisdiction

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Cases Citing This Decision

0

Cases Cited

4

Statutory Material Cited

4

Re Kelvin [2017] FamCA 78
Re: Jamie [2013] FamCAFC 110