FXB [2024] NSWCATGD 14

FXB [2024] NSWCATGD 14

The Tribunal found, on the evidence, that FXB understood the general nature and effect of terminating her pregnancy, could recount details of the proposed treatment, and had weighed information with support from health professionals; thus the presumption of capacity was not rebutted and FXB is capable of giving consent to the medical treatment sought.

Parties
Person: FXB; Applicant: NZL
Jurisdiction
Australia
Judgment Date
16 August 2024
Procedural Posture
Guardianship Application / Post Hearing Decision
Outcome
Application dismissed
Legal Topics
Consent to Medical Treatment, Capacity to Consent, Termination of Pregnancy, Special Medical Treatment, Mental Health
Guardianship Medical Law Consent to Medical Treatment Capacity to Consent Termination of Pregnancy Special Medical Treatment Mental Health

Case Brief

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Parties

FXB

Person

NZL

Applicant

Procedural Posture

Guardianship Application / Post Hearing Decision

Legal Issues

  1. 1 Whether FXB is incapable of giving consent to the carrying out of special medical treatment (termination of pregnancy)
  2. 2 Application of Part 5 of Guardianship Act 1987 (NSW) in context of medical termination
  3. 3 Assessment of FXB's capability to understand the general nature and effect of proposed treatment

Ratio Decidendi

The Tribunal found, on the evidence, that FXB understood the general nature and effect of terminating her pregnancy, could recount details of the proposed treatment, and had weighed information with support from health professionals; thus the presumption of capacity was not rebutted and FXB is capable of giving consent to the medical treatment sought.

Court Disposition

Application dismissed

Orders

  • The application seeking consent for special medical treatment for FXB (medical termination of pregnancy) is dismissed as FXB is not incapable of giving consent.