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FAMILY LAW ACT 1975 - SECT 67C

Matters to be taken into account in proceedings under Subdivision

             (1)  In proceedings under this Subdivision in relation to the birth of a child, the court must, in determining the contribution that should be made by the father of the child, take into account the following matters only:

                     (a)  the income, earning capacity, property and financial resources of the mother and the father of the child;

                     (b)  commitments of each of those persons that are necessary to enable the person to support:

                              (i)  himself or herself; or

                             (ii)  any other child or another person that the person has a duty to maintain;

                     (c)  any special circumstances which, if not taken into account in the particular case, would result in injustice or undue hardship to any person.

             (2)  In taking into account the income, earning capacity, property and financial resources of a person, the court must have regard to the capacity of the person to earn and derive income, including any assets of, under the control of or held for the benefit of the person that do not produce, but are capable of producing, income.

             (3)  In taking into account the income, earning capacity, property and financial resources of the mother, the court must disregard any entitlement of the mother to an income tested pension, allowance or benefit.

             (4)  Subsections (2) and (3) do not limit the matters to which the court may have regard in taking into account matters referred to in subsection (1).



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