End-of-Life Decisions and the Need for Greater Rigour in the Determination of a Child's Best Interests.

Abstract

This column discusses the New South Wales Supreme Court decision in H v OL [2024] NSWSC 271. That decision raises a number of issues about how the "best interests" principle is employed in cases where disputes arise about whether life-sustaining treatments should be withheld or withdrawn from children. The column argues that these cases would be better served by adopting the "balance sheet" approach that is employed in England and Wales.