Re Section 22 of the Human Tissue and Transplant ACT 1982 (WA); Ex Parte C

[2013] WASC 3

Supreme Court of Western Australia

Built by Barristers,
For Australian Law.

1. Practice and procedure - Application ex parte by widow for removal and storage of spermatozoa and associated tissue from the body of her recently deceased husband - Human Tissue and Transplant Act 1982 (WA) s 22 and s 23 - Distinguishing order for use of material from orders for removal and storage of that material - How issues concerning requests for removal of spermatozoa from a recently deceased person should be dealt with by hospitals in future
1. Property - Whether sperm removed from deceased person is 'property' within O 52 r 3 - Difficulties in relying upon O 52 r 3 as a source of power for court orders for removal of spermatozoa from deceased body