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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principle is employed in cases where disputes arise about whether life-sustaining treatments should be withheld or withdrawn from children.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.

Type

Journal article

Journal

J Law Med

Publication Date

04/2025

Volume

31

Pages

699 - 708

Keywords

balance sheet approach, children, end-of-life, “best interests” test, Humans, Child, Withholding Treatment, New South Wales, Decision Making, Terminal Care