KORBELL & ASHTON

In the matter of *Korbell & Ashton*, the applicant sought declarations from the Federal Circuit and Family Court of Australia concerning the paternity of her child and the respondent's liability for child support costs. The respondent, Mr Ashton, resided in the United Kingdom and did not attend court, nor did he file any response or affidavit.

The court was required to determine whether to grant leave to proceed *ex parte*, to declare the respondent the father of the applicant's child pursuant to section 69VA of the *Family Law Act 1975*, and to declare that the respondent should be assessed for child support costs under section 106A of the *Child Support (Assessment) Act 1989*. A further issue concerned the efficacy of service of the application on the respondent, who was domiciled overseas.

Judge Scarlett reasoned that the applicant had made out a sufficient case for proceeding *ex parte*, having demonstrated that the respondent had been personally served with the application and notice of hearing. The court was satisfied, on the evidence presented, that the respondent was the father of the child. Furthermore, the court found that the respondent was a parent of the child with effect from 12 June 2008, thereby establishing his liability for child support costs.

The court made orders declaring Mr Ashton to be the father of the child and that he should be assessed in relation to the costs of the child from 12 June 2008. Leave was granted to proceed *ex parte*.