Boothe and Child Support Registrar (Child support)

This matter concerned an application by Boothe for an extension of time to lodge an objection to a child support assessment made by the Child Support Registrar. The application was heard by R Ellis SM in the Magistrates Court of Western Australia.

The primary legal issue before the Court was whether to grant Boothe an extension of time to object to the child support assessment. This required the Court to consider the merits of the proposed objection and whether it was in the interests of justice to permit the objection to be lodged outside the statutory time limits.

The Court applied the principles governing extensions of time for objections, which generally require a demonstration of a reasonably arguable case on the merits of the objection. In this instance, the Court found that Boothe had presented sufficient material to suggest that the objection had merit, and that it was appropriate to grant the extension of time. The Court considered that the delay in lodging the objection was not so significant as to outweigh the merits of the case.

The Court set aside the Registrar's decision to refuse the extension of time and substituted its own decision, granting Boothe an extension of time to lodge his objection.