High Court of Australia
HIGH COURT OF AUSTRALIA
FRENCH CJ,
GUMMOW, HAYNE, KIEFEL AND BELL JJ
Matter No P15/2011
AB APPELLANT
AND
STATE OF WESTERN AUSTRALIA & ANOR RESPONDENTS
Matter No P16/2011
AH APPELLANT
AND
STATE OF WESTERN AUSTRALIA & ANOR RESPONDENTS
AB v Western Australia
AH v Western Australia
[2011] HCA 42
6 October 2011
P15/2011 & P16/2011
ORDER
In each matter:
1. Appeal allowed.
2. Set aside paragraphs 1 to 4 of the order of the Court of Appeal of the Supreme Court of Western Australia made 2 September 2010 and in their place order that the appeal to that Court be dismissed.
3. The first respondent pay the appellant's costs in this Court.
On appeal from the Supreme Court of Western Australia
Representation
S Penglis for the appellant in both matters (instructed by Freehills)
G T W Tannin SC with C S Bydder for the first respondent in both matters (instructed by State Solicitor (WA))
Submitting appearance for the second respondent in both matters
Intervener
D S Mortimer SC with E A Bennett intervening on behalf of the Australian Human Rights Commission (instructed by Australian Human Rights Commission)
Notice: This copy of the Court's Reasons for Judgment is subject to formal revision prior to publication in the Commonwealth Law Reports.
CATCHWORDS
AB v Western Australia
AH v Western Australia
Statutes – Construction – Gender reassignment – Applications for recognition certificates as males – Reassignment procedures undertaken to alter genitals and gender characteristics – Appellants adopted lifestyle and have physical appearance of males – Retain some female sexual organs – Whether requirement that person have "the physical characteristics by virtue of which a person is identified as male or female" met – Whether adverse social consequences or community standards and expectations permissible considerations.
Words and phrases – "gender", "gender characteristics", "physical characteristics by virtue of which a person is identified", "reassignment procedure", "recognition certificate", "transsexual".
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