Hunter New England Local Health District v JI & Ors [2023] NSWSC 1245

Supreme Court New South Wales

Medium Neutral Citation: Hunter New England Local Health District v JI & Ors [2023] NSWSC 1245 Hearing dates: 19 October 2023 Date of orders: 19 October 2023 Decision date: 23 October 2023 Jurisdiction: Equity - Duty List Before: Henry J Decision: Orders made authorising use of blood and blood product transfusions on terms and for the suppression of identities. Catchwords: CHILD WELFARE — Jurisdiction — Supreme Court of New South Wales — Parens patriae — Child requiring two proposed surgical procedures — Where surgeries could require blood and/or blood product transfusions — Where parents consent to surgery but refuse consent to use of blood and blood products due to religious belief Legislation Cited: Children and Young Persons (Care and Protection) Act 1998 (NSW) Court Suppression and Non-publication Orders Act 2010 (NSW) Cases Cited: Department of Health and Community Services (NT) v JWB and SMB (Marion's case) (1992) 175 CLR 218; (1992) 106 ALR 385; [1992] HCA 15 Director-General, Department of Community Services; Re Jules (2008) 40 Fam LR 122; [2008] NSWSC 1193 Minister for Health v AS (2004) 29 WAR 517; (2004) 33 Fam LR 223; [2004] WASC 286 Re Alex (2004) 180 FLR 89; (2004) 31 Fam LR 503; [2004] FamCA 297 Sydney Children's Hospital Network v X (2013) 49 Fam LR 330; [2013] NSWSC 368 X v Sydney Children's Hospitals Network (2013) 85 NSWLR 294; (2013) 304 ALR 517; [2013] NSWCA 320 Category: Principal judgment Parties: Hunter New England Local Health District (Plaintiff) JI (First Defendant) Mother (Second Defendant) Father (Third Defendant) Representation: Counsel: K Kumar (Plaintiff) E J Engwirda (Second and Third Defendants)