In August 2015, the New South Wales Court of Appeal dismissed the parents' appeal in Waller v James, a 'wrongful birth' claim, confirming the trial judge's finding that they were not entitled to damages (click here to read more about this decision). The parents subsequently filed an application with the High Court of Australia for special leave to appeal.

On 12 February 2016, that application was heard and the High Court refused special leave. In doing so, the High Court effectively endorsed the Court of Appeal's findings concerning causation, which was the major focus throughout the hearing.