SAVILLE & REEVES

Case

[2015] FCCA 287

9 February 2015


Details
AGLC Case Decision Date
SAVILLE & REEVES [2015] FCCA 287 [2015] FCCA 287 9 February 2015

CaseChat Overview and Summary

In the matter of *Saville & Reeves*, heard before Judge Scarlett, the applicant sought declarations concerning the paternity of her child and the respondent's obligation to contribute to the child's costs. The respondent did not attend court for the hearing of the application, nor had he filed a response or affidavit.

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

Judge Scarlett granted the applicant leave to proceed *ex parte*, acknowledging the respondent's non-attendance and lack of response. The court also extended the time for filing the application for a declaration under section 106A of the *Child Support (Assessment) Act 1989*. Applying the relevant provisions of the *Family Law Act 1975* and the *Child Support (Assessment) Act 1989*, the court made the declarations sought by the applicant.

The court ordered that the respondent, Mr. Reeves, be declared the father of the child, [X], born on [omitted] 2013. It was further declared that Mr. Reeves should be assessed in relation to the costs of the child, [X], as he is a parent of the child.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Jurisdiction

  • Procedural Fairness

  • Costs

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