Schor v Furesh [No 2]

The Supreme Court of Western Australia heard Schor v Furesh [No 2], a case involving a dispute over the paternity of the plaintiff, Gabriela Schor, and her potential relationship with the deceased's estate. Schor claimed that she and Mary Furesh, the administrator of the deceased's estate, shared the same father, while Furesh denied this. Schor sought a DNA test to resolve the issue, which Furesh refused to undergo. The central legal issue was whether the court had the authority to order Furesh to undergo a DNA test.

The court examined the inherent jurisdiction of the court to order DNA testing, considering previous decisions such as Hallett v Cottam, which established that the court could order DNA testing under its inherent jurisdiction. The court also referenced High Court decisions that emphasized the importance of individual autonomy and the respect for bodily integrity. Ultimately, the court concluded that while the inherent jurisdiction of the court could be used to compel a party to undergo DNA testing, it should be exercised judiciously and only when necessary to ensure the fair resolution of the case. The court found that the potential benefits of resolving the paternity dispute outweighed the infringement on Furesh's personal autonomy.

The court granted Schor's application for DNA testing, allowing Furesh the opportunity to make submissions on the issue and reserving the costs of the application to the trial judge. This decision underscores the court's commitment to ensuring that disputes are resolved fairly and effectively while respecting individual rights and liberties.