HAMPTON & ADDISON

In this matter before Judge Scarlett, the Applicant sought declarations concerning the paternity of her child and the Respondent's liability for child support costs. The Respondent, Mr Addison, did not attend the court hearing. The core of the dispute involved establishing paternity and consequently, the Respondent's obligation to contribute to the child's expenses.

The court was required to determine whether to grant the Applicant leave to proceed ex parte, extend the time for filing her application for a declaration under section 106A of the *Child Support (Assessment) Act 1989*, and whether to declare the Respondent as the father of the child under section 69VA of the *Family Law Act 1975*. Furthermore, the court needed to decide if the Respondent should be assessed for the costs of the child under section 106A of the *Child Support (Assessment) Act 1989*.

Judge Scarlett reasoned that the Respondent's failure to attend court and, crucially, his failure to undertake court-ordered DNA testing, supported the granting of leave to proceed ex parte. The court extended the time for filing the application, deeming it appropriate given the circumstances. Based on the available evidence and the Respondent's non-compliance, the court made declarations that Mr Addison is the father of the child and, as a parent, should be assessed in relation to the child's costs.