Bacon and Child Support Registrar (Child support)

This matter concerned an application for review by Mrs Bacon of a decision by the Child Support Registrar to refuse an extension of time to lodge an objection to an original decision made on 2 March 2018 concerning a "change of assessment". Mrs Bacon had lodged her objection on 6 July 2020, significantly outside the prescribed 28-day period. The Administrative Appeals Tribunal (AAT) considered the application for review of the Registrar's decision.

The primary legal issue before the Tribunal was whether to grant Mrs Bacon an extension of time to lodge her objection to the original decision. This required the Tribunal to consider the established legal principles governing applications for extensions of time in such matters, including the explanation for the delay, the merits of the substantial application, any prejudice to the other party, and public interest considerations. The Tribunal was guided by case law, which emphasises that while the prima facie rule is against entertaining proceedings outside statutory periods, the ultimate concern is to do justice between the parties.

The Tribunal found that Mrs Bacon had not provided a satisfactory explanation for the lengthy delay, which spanned over two years. It was noted that she was aware of her right to object at the time of the original decision but chose not to pursue it, effectively resting on her rights. While the Tribunal acknowledged that the substantial application might have some merit, particularly concerning the expectation of private education for the children, it was significantly outweighed by the prejudice to the other parent, who had been entitled to rely on the original decision for budgeting and financial planning. Furthermore, the Tribunal considered the public interest in timely reviews and certainty in child support assessments.

Ultimately, the Tribunal was satisfied that the interests of justice required the refusal of the extension of time application. The decision under review, which refused the extension, was affirmed. Mrs Bacon was advised that she retained the right to exercise her objection and appeal rights in respect of a more recent change of assessment decision.