COLLETT & FITCH

In the matter of *Collett & Fitch*, the applicant sought declarations regarding the paternity of her child and the respondent's liability for child support costs. The respondent, Mr Fitch, did not attend the court hearing of the application.

The court was required to determine whether to grant leave to proceed *ex parte*, whether to declare the respondent as the father of the applicant's child pursuant to section 69VA of the *Family Law Act 1975*, and whether to declare the respondent liable for child support costs under section 106A of the *Child Support (Assessment) Act 1989*. The court also considered the issue of service of process on the respondent.

Judge Scarlett granted the applicant leave to proceed *ex parte* due to the respondent's non-attendance. The court made a declaration that the respondent is the father of the child, drawing an inference to this effect given the respondent's failure to attend court and his prior failure to attend ordered DNA testing. Consequently, the court declared the respondent liable to be assessed for the costs of the child. The court also ordered the respondent to pay the applicant's costs fixed at $5,753.00 within one month.