Document ID: chunk:federal_register_of_legislation:C2004A03590:body:0:p19
Version: federal_register_of_legislation:C2004A03590
Segment Type: other
Provision Reference: 
Character Range: 45990–48685

income, earning capacity, property and financial resources of any other person unless, in the special circumstances of the case, the court considers it appropriate to have regard to them; or
          (ii) any entitlement of the child or any other person to an income tested pension, allowance or benefit.
"(4) Subsections (2) and (3) shall not be taken to limit by implication the matters to which the court may have regard in taking into account the matters referred to in subsection (1).

Matters to be taken into account in determining contribution that should be made by party etc.
"66e. (1) In determining the financial contribution, or respective financial contributions, towards the financial support necessary for the maintenance of a child, that should be made by a party, or by parties, to the proceedings, the court shall take into account, in addition to the matters referred to in sections 60d, 66a and 66b, the following matters only:
     (a) the income, earning capacity, property and financial resources of the party or each of those parties;
     (b) the commitments of the party, or each of those parties, that are necessary to enable the party to support:
          (i) himself or herself; or
          (ii) any other child or another person that the person has a duty to maintain;
     (c) the direct and indirect costs incurred by the parent or other person who has the custody of the child in providing care for the child;
     (d) 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 party to the proceedings, the court shall have regard to the capacity of the party to earn and derive income, including any assets of, under the control of or held for the benefit of the party that do not produce, but are capable of producing, income.
"(3) In taking into account the direct and indirect costs incurred by the parent or other person who has custody of the child in providing care for the child, the court shall have regard to the income and earning capacity foregone by the parent or other person in providing that care.

"(4) In determining the financial contribution, or respective financial contributions, that should be made by a party, or by parties, to the proceedings, the court shall disregard:
     (a) any entitlement of the child, or the person who has the custody of the child, to an income tested pension, allowance or benefit; and
     (b) the income, earning capacity, property and financial resources of any person who does not have a duty to maintain the child, or has