A mother sought urgent orders within the Supreme Court’s parens patriae jurisdiction, to permit medical treatment of the gender dysphoria from which her child was suffering. Because the whereabouts of the father were unknown and he was unaware of the mother and child’s location (due to a history of family violence) it was not expedient to commence proceedings in the Family Court of Australia (which typically hears and determines applications of this kind).

Lyons SJA granted the orders in the circumstances of this case but, in ex tempore reasons, underscored that the proper place for applications for medical treatment orders arising from gender dysphoria in children should ordinarily be brought in and heard by the Family Court.

Matthew Hickey appeared for the mother, instructed by Minter Ellison.

The judgment is published here.

The judgment can be read by clicking here