Re Joel [2013] NSWSC 1299

Because the Minister held parental responsibility under the interim Children's Court order and the proposed bone marrow transplant was a decision that a parent or person with parental responsibility could make, with the parents and Minister consenting, a court order was unnecessary and should not be made in the parens patriae jurisdiction.

Jurisdiction: Australia
Judgment Date: 05 September 2013
Procedural Posture: Application for Approval of Medical Treatment for a Child in the Parens Patriae Jurisdiction / Hearing of Application for an Order Authorising Medical Treatment
Outcome: Order not made
Legal Topics: ['approval of Medical Procedure' 'parental Responsibility' 'bone Marrow Transplant' "child Under Interim Children's Court Order"]

['children' 'equity' 'medical Treatment' 'parens Patriae'] ['approval of Medical Procedure' 'parental Responsibility' 'bone Marrow Transplant' "child Under Interim Children's Court Order"]

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Procedural Posture

Application for Approval of Medical Treatment for a Child in the Parens Patriae Jurisdiction / Hearing of Application for an Order Authorising Medical Treatment

Legal Issues

1 ["Whether the Court should make an order authorising a bone marrow transplant for Joel where the Minister had parental responsibility under an interim Children's Court order." 'Whether consent to the proposed medical treatment was a matter for the parent or person with parental responsibility rather than the Court.']

Ratio Decidendi

Court Disposition

Order not made

Orders

['No order will be made.' "Liberty to restore on one day's notice or at short notice."]