Australia, June 5 -- New South Wales Land and Environment Court issued text of the following judgement on May 6:

1. By an amended summons filed in Court on 5 May 2025 the plaintiff sought orders for the release of a tissue sample recovered from the body of her late de facto husband, Brodie Ryan Davidson, for the purpose of her transporting the sample to Queensland for its use there in IVF treatment and assisted reproductive technology.

2. The Attorney General of New South Wales was granted leave to intervene in the proceedings on 14 March 2025 and neither consents to nor opposes the relief sought. Rather, the Attorney General has made submissions intended to assist the Court in the absence of a contradictor, for the purpose of ensuring any orders are made in accordance with the legislative scheme set out in the Human Tissue Act 1983 (NSW) (HT Act) and the Assisted Reproductive Technology Act 2007 (NSW) (ART Act). The Court recognises the assistance provided by Ms J Davidson, counsel for the Attorney General.

3. On 5 May 2025, I made orders granting the relief sought in the amended summons and indicated that I would provide my reasons later, which I now do. The orders made were relevantly as follows:

1) Upon request by the plaintiff, Dr Derek Lok and Connect IVF are entitled to release to the plaintiff the tissue sample recovered from the body of her late de facto husband, Brodie Ryan Davidson on or about 10 March 2025 for the purpose of the plaintiff transporting, or causing to transport by suitable means, the tissue sample to Queensland for the purposes of its use in accordance with the laws of Queensland.

2) Upon receipt of the same from Dr Derek Lok, the plaintiff is entitled to transport, or cause to be transported, the tissue sample by suitable means as soon as possible to Queensland for the purposes of its use in accordance with the laws of Queensland.

NOTES:

3)The plaintiff intends to transport the tissue sample to the Queensland Fertility Group of Level 1, 203 Wharf Street, Spring Hill, Queensland for its use in accordance with the laws of Queensland, using the services of the courier Dangerous Goods International;

4) Queensland Fertility Group is currently liaising with Connect IVF to organise the transport of the tissue sample using that courier.

Background

4.The plaintiff and the deceased had been in a de facto relationship since about August 2023. The plaintiff's evidence is that they had often spoken about having a family. This is corroborated by a text she received from the deceased and the evidence of the deceased's mother who provided an affidavit to the Court and supports the plaintiff's application.

5. On about 8 March 2025 the plaintiff found the deceased in bed unresponsive and it appears that tragically he had passed away in his sleep. The death certificate, which I note records the plaintiff as the de facto spouse of the deceased, states the cause of death as being 'mixed drug toxicity'.

*Rest of the document can be viewed at: (https://www.caselaw.nsw.gov.au/decision/196a2c876c7d765de485b310)

Disclaimer: Curated by HT Syndication.