BOWES & HAYMES

In the matter of *Bowes & Haymes*, Judge Scarlett of the Family Court of Australia was required to determine applications concerning the paternity of a child and the respondent's liability for child support costs. The applicant sought declarations that the respondent was the father of her child and should be assessed for child support. The respondent did not attend the court hearing of the application.

The central legal issues before the court were whether to make a declaration of paternity under section 69VA of the *Family Law Act 1975* and whether to declare the respondent liable for the costs of the child under section 106A of the *Child Support (Assessment) Act 1989*. The court also considered the issue of service, specifically whether personal service could be dispensed with on the grounds that the respondent was "keeping house".

Judge Scarlett reasoned that the respondent's failure to attend court, despite being served, did not prevent the court from making the necessary declarations. The court found that the respondent was the father of the child and, as a parent, was liable to be assessed for the costs of the child. The court also ordered that the respondent pay the applicant's costs fixed at $800, with three months to pay.