In the matter of an Application by Vernon [2020] NSWSC 608

Supreme Court New South Wales

Medium Neutral Citation: In the matter of an Application by Vernon [2020] NSWSC 608 Hearing dates: 15 May 2020 Date of orders: 15 May 2020 Decision date: 22 May 2020 Jurisdiction: Common Law Before: Rothman J Decision: The Court Declares:

1. Melissa Aynsley Vernon is, for the purposes of the Human Tissue Act 1983 (NSW), the Senior Next of Kin of Alexander Katrakilis.

2. Melissa Aynsley Vernon, has by written instrument, validly authorised under s 24(3) of the Human Tissue Act, the extraction of all and any reproductive tissue from the body of the late Alexander Katrakilis, as is necessary for the purpose of Assisted Reproductive Treatment, such purpose being a "therapeutic or medical purpose" within the meaning of s 34(3).

The Court Orders:

3. Any such reproductive tissue extracted from the body of the late Alexander Katrakilis is to be released to Melissa Aynsley Vernon, but only upon the Applicant causing a suitably equipped transportation company or courier to collect it on her behalf for transport to an authorised facility.

4. Melissa Aynsley Vernon is to store the removed reproductive tissue at a suitable storage facility until any order granting the use of that tissue is made, should such order be necessary. Catchwords: PERSONAL PROPERTY – ownership and possession – possession – rights of possession – human bodies or tissue as property – gametes – sperm – application by former de facto for possession of sperm extracted from late partner – whether sperm lawfully extracted – whether transfer of possession prohibited by statue – Extraction lawful