BCNW and Child Support Registrar (Child support second review)

The Administrative Appeals Tribunal (AAT) considered an application for an extension of time in the matter of BCNW and the Child Support Registrar. The core of the dispute concerned the dismissal of the applicant's application by the AAT, purportedly under subsection 42A(2) of the relevant legislation, due to the applicant's failure to attend an interlocutory hearing.

The primary legal issue before the AAT was whether it possessed the power under subsection 42A(2) to dismiss an application solely on the grounds of an applicant's non-appearance at an interlocutory hearing. This required the Tribunal to interpret the scope and application of that specific legislative provision in the context of procedural fairness and the conduct of proceedings.

The Tribunal reasoned that subsection 42A(2) did not grant it the unfettered power to dismiss an application for non-appearance at an interlocutory hearing. Instead, the Tribunal held that such a dismissal would only be permissible if the applicant had been given adequate notice of the hearing and the potential consequences of non-attendance, and if the non-appearance amounted to an abandonment of the application. The Tribunal emphasised the importance of procedural fairness, noting that a dismissal for non-appearance should not be a punitive measure but rather a consequence of the applicant's conduct demonstrating an intention to abandon their case.

The Tribunal set aside the earlier dismissal and remitted the matter for reconsideration.