Hampton and Temple

This case concerned an application by Ms Hampton (the mother) against Mr Temple (the father) in the Family Court of Australia. The mother sought a lump sum payment of $19,847 for child-bearing expenses incurred as a consequence of the birth of their child, T, in March 2011. The father opposed any payment, arguing he should not contribute to the mother's child-bearing expenses. The primary dispute revolved around the period for which expenses should be considered, the quantum of those expenses, and the method of payment.

The court was required to determine the appropriate "childbirth maintenance period" for which the father could be liable, considering the mother's claim for expenses from four months prior to the birth and the father's contention for a shorter, two-month period. Further, the court had to assess the quantum of the mother's loss of income during this period, as she was not seeking medical expenses but reimbursement for lost earnings. Finally, the court needed to consider the father's financial capacity to meet any ordered payment, and whether such payment should be a lump sum or periodic.

Justice Benjamin applied sections 67B, 67C(1), (2), and (3) of the *Family Law Act 1975* (Cth). Section 67B establishes the father's liability for the mother's maintenance during the childbirth maintenance period and her reasonable medical expenses. Section 67C outlines the factors to be considered, including the income, earning capacity, property, financial resources, and necessary commitments of both parents, while specifically disregarding the mother's entitlement to income-tested pensions or benefits. The court found that the mother was advised by a medical practitioner to cease paid employment for medical reasons related to her pregnancy in November 2010, establishing a four-month period of lost income until the child's birth in March 2011. Considering the father's income of approximately $98,000 per year and his necessary expenses, the court determined he had the capacity to pay.

The court ordered the father to pay the mother the sum of $3,200 within 28 days as a lump sum for child-bearing expenses. All other outstanding applications were dismissed, and the matter was removed from the court's list.