Abstract The ACT Court of Appeal has overturned the decision of Rubino v Ziaee[1] in which the Supreme Court of the ACT imposed a more burdensome duty of care on a general practitioner (GP). The GP was found to be in breach of his duty by failing to follow up referrals to a general surgeon […]
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Industry Update: Increase in monetary jurisdictional limits of the District Court of NSW
This short update is designed to provide you with an overview of recent changes implemented by the District Court in NSW. The NSW District Court’s general jurisdictional limit has increased from $750,000 to $1,250,000 and applies to all proceedings filed in the Court on and after 16 December 2022. It should also be appreciated that […]
UK: Court of Appeal overturns controversial finding that under-16s cannot give informed consent to treatment with puberty blockers for gender dysphoria
UK: Court of Appeal overturns controversial finding that under-16s cannot give informed consent to treatment with puberty blockers for gender dysphoria; attempt to restrict the Gillick test by elucidating a clinical checklist for consent deemed “inappropriate” The UK Court of Appeal[1] has overturned the controversial decision of Bell v Tavistock[2] in which the High Court […]
High court affirms parents can consent to puberty blockers on behalf of their children
UK: Winding back Bell v Tavistock[i]; High Court affirms that parents can consent to puberty blockers on behalf of their children, which are not (of themselves) part of any “special category” of treatment requiring Court approval. Abstract In AB v CD & Ors[2], the UK High Court effectively reversed the practical effects of Bell (which […]
Gender Dysphoria and Children: Lessons from R v Tavistock
R v Tavistock, Gender Dysphoria and Children: puberty blockers “interlinked” with cross-sex hormones such that informed consent extends to understanding future physical consequences of treatment; under 16s “highly unlikely” to be Gillick competent. Introduction In R v Tavistock[1], The UK High Court has held that treatment for Gender Dysphoria (“GD“) is contingent on court approval […]