Antonious v Comcare

This matter concerned applications for extensions of time made by Mr Antonious in relation to two disputed Comcare determinations. The applications were heard by Senior Member Chris Puplick AM of the Administrative Appeals Tribunal (AAT).

The primary legal issue before the Tribunal was whether to grant Mr Antonious an extension of time to pursue his review of the Comcare determinations. This required the Tribunal to consider whether there was an acceptable explanation for the delay, whether granting the extension would be fair and equitable, whether the applicant had rested on their rights, the prejudice to the respondent and the general public, and the merits of the substantial application.

The Tribunal applied the guiding principles established in *Hunter Valley* and *Emery and Comcare (Compensation)*, noting that extensions of time should not be granted as a matter of course and that applicants must demonstrate sufficient merit to overcome public policy considerations. While Mr Antonious's application did not succeed on every *Hunter Valley* principle, the Tribunal found that he had succeeded on a sufficient number of grounds to satisfy the provisions of the *AAT Act* and grant the extension, having regard to all the circumstances.

The Tribunal ordered that the applications for extensions of time in matters 2018/4758 and 2018/4759 be granted, with the effective date for the review process set as 22 August 2018.