1. It needs to be noted that prior to his marriage to the applicant, and some years beforehand, the worker was in a relationship with Vanessa Hinton (who is the mother of his children, Cody Ernst and Bella Ernst). I find however that she was not dependent for support upon him at the date of his death. In this regard, I believe I can draw a clear inference that if there had been any ongoing support provided by the worker to Vanessa Hinton, it would have been known to not only the applicant but Cody Ernst and Bella Ernst also. The support would have been referred to in the statutory declarations both dated 4 February 2025 from Cody Ernst and Bella Ernst, but instead both of those statutory declarations refer to the applicant as being financially dependent upon their father, but no one else.
2. I also note that the worker's mother, Elaine Ernst, declares in her statutory declaration dated 11 April 2025:

(a) that the worker's relationship with Vanessa Hinton finished in 2004;

(b) that after "an incident occurred between Vanessa Hinton's new partner and Cody", Elaine Ernst was granted custody of both Cody Ernst and Bella Ernst on 23 October 2013;

(c) that the worker was subsequently granted custody of both Cody Ernst and Bella Ernst in January 2014;

(d) that the worker provided no financial support to Vanessa Hinton after

23 October 2013;

(e) that after 23 October 2013, the "Department of Communities & Justice allowed Vanessa one phone call a week [to Cody Ernst and Bella Ernst], and I [Elaine Ernst] had to be present during the call; however, Vanessa never tried to call", and

(f) that Bella Ernst has not had a relationship with Vanessa Hinton since

23 October 2013, and that Cody Ernst has only occasionally seen Vanessa Hinton since then.

1. Relying upon the evidence before me, I therefore have no difficulty in finding that the applicant was the only person dependent for support upon the worker at the date of his death.

1. I find that the worker died on 2 December 2024 as a result of an injury arising out of or in the course of his employment with the respondent pursuant to s 4 of the 1987 Act, and I find that his employment with the respondent was a substantial contributing factor to his death pursuant to s 9A of the 1987 Act.
2. I find that the applicant was partly dependent for support upon the worker at the date of his death.
3. I find that there were no other persons dependent for support upon the worker at the date of his death.
4. I find that the respondent is liable to pay the amount of $938,600 pursuant to s 25(1)(a) of the 1987 Act. The amount is to be paid to the applicant pursuant to ss 29(1A) and 85A(1) of the 1987 Act.
5. I note the agreement of the parties (see paragraph 8 above) that the respondent is also to pay interest of $6,000 to the applicant in accordance with s 109 of the 1998 Act.
6. There will be awards in favour of the applicant in relation to the amounts referred to in paragraphs 30-31 above.