Cataldo and Inspector-General in Bankruptcy (Taxation)

This matter concerned an application by Ms Cataldo to the Inspector-General in Bankruptcy for a review of the remuneration claimed by the trustee of a bankrupt estate. The application was made outside the prescribed 28-day period, and Ms Cataldo sought an extension of time to lodge her application, contending that special circumstances existed. The Deputy President of the Administrative Appeals Tribunal was required to determine whether the circumstances presented by Ms Cataldo constituted "special circumstances" warranting an extension of time for the review application.

The Deputy President considered Ms Cataldo's medical conditions, acknowledging their existence but finding they did not constitute a limiting factor preventing her engagement with the review process. The Deputy President noted that Ms Cataldo had demonstrated an ability and willingness to express her dissatisfaction with the trustee in other forums. Consequently, her circumstances were not considered to be of a nature that prevented her from seeking the review within the prescribed time.

Ultimately, the Deputy President found that there were neither exceptional circumstances within the meaning of regulation 8.12F nor circumstances appropriate to allow a review out of time under regulation 8.12E. Accordingly, the Inspector-General's decision was affirmed.