Auger and Child Support Registrar (Child support)

This matter concerned an application by Ms Auger to the Administrative Appeals Tribunal (the Tribunal) for an extension of time to seek a review of a decision made by the Child Support Registrar. The Registrar's decision, made on 24 February 2023, had partially allowed an objection by Mr A, the other parent, to a previous departure from an administrative assessment. Ms Auger's application for review was lodged on 22 February 2024, significantly outside the prescribed 28-day period.

The primary legal issue before the Tribunal was whether to grant Ms Auger an extension of time to lodge her application for review of the Registrar's decision. In determining this, the Tribunal was required to consider the principles governing the exercise of discretion to grant an extension of time, as established in cases such as *Hunter Valley Developments Pty Ltd v Cohen* and applied in *Mulheron and Australian Telecommunications Corporation*. These principles involve balancing various factors, including the reasons for the delay, the merits of the substantive application, prejudice to the other party, and the overall fairness and propriety of granting an extension.

The Tribunal found that Ms Auger had been notified of the Registrar's decision on 27 February 2023, meaning her application for review should have been lodged by 24 March 2023. Her application was 334 days late. While Ms Auger cited concerns about her ex-husband reducing his income to zero and the impact on child support payments for school fees, the Tribunal was satisfied that she had rested on her rights and did not provide an acceptable reason for the substantial delay. The Tribunal noted that Ms Auger had been advised of her right to seek review and had indicated she did not wish to pursue a further change of assessment application due to privacy concerns. The Tribunal concluded that it was more appropriate for Ms Auger to lodge a further change of assessment application with Child Support, rather than seeking an extension of time to appeal the previous decision, given the delay and potential prejudice to Mr A and the public interest in timely resolution of child support matters.

Accordingly, the Tribunal refused Ms Auger's application for an extension of time to lodge her application for review.