Re: Xanthe

Case

[2015] FamCA 116

16 February 2015


Details
AGLC Case Decision Date
Re: Xanthe [2015] FamCA 116 [2015] FamCA 116 16 February 2015

CaseChat Overview and Summary

In the matter of Xanthe, Johnston J of the Supreme Court of New South Wales was required to determine applications concerning a child, Xanthe, born in 1997. The proceedings involved the child's capacity to consent to medical treatment for gender dysphoria and a proposed change of name.

The central legal issues before the Court were whether Xanthe was competent to consent to Stage 2 treatment for gender dysphoria, as defined by the DSM-5, and whether the Court should approve Xanthe's proposed change of name to Shannon under the Births, Deaths and Marriages Registration Act 1995 (NSW). The Court was also asked to make orders regarding the publication of information relating to the proceedings and the child.

Johnston J made declarations in accordance with the applicant's proposed orders. The Court declared that Xanthe was competent to consent to Stage 2 treatment for gender dysphoria and approved the proposed change of name to Shannon. The Court also granted leave to apply on short notice for the implementation of these declarations and related matters. Crucially, the Court made extensive orders to protect Xanthe's privacy, prohibiting the publication of any identifying details and restricting access to the court file. Existing applications were dismissed, and the appointment of the Independent Children's Lawyer was discharged.
Details

Areas of Law

  • Family Law

  • Administrative Law

Legal Concepts

  • Consent

  • Jurisdiction

  • Standing

  • Natural Justice

  • Procedural Fairness

  • Judicial Review

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