OIA-109706-v2.pdf [pdf, 6.4 MB]
...discretion4 was referred to as a principle recognised by 3 Re Gilberd (An Infant) (1913) 15 GLR 631. 4 See generally Antonio Buti, “The early history of the law of guardianship of children: From Rome to the Tenures Abolition Act 1660” (2003) 7 University of Western Sydney Law Review 91 at 102, The principle of ‘Infant Discretion’ was derived from the practice in the ecclesiastical court where a child could elect its own guardian when the child was deemed to be of suitable age...