Chang and Child Support Registrar (Child support)

This matter concerned an application for an extension of time to lodge an objection to a child support assessment, brought before Ms Hamilton-Noy, Member, of the Administrative Appeals Tribunal. The applicant, referred to as Chang, sought to challenge a child support assessment but had failed to lodge their objection within the prescribed timeframe. The Child Support Registrar opposed the grant of an extension.

The primary legal issue before the Tribunal was whether it was in the interests of justice to grant Chang an extension of time to lodge their objection, given the significant delay that had already occurred. This required the Tribunal to consider the reasons for the delay, the prejudice to the Child Support Registrar, and the merits of the proposed objection.

Ms Hamilton-Noy considered the principles governing extensions of time in such matters, which generally require a compelling explanation for the delay and a demonstration that the proposed objection has some merit. In this instance, the Tribunal found that the delay was substantial and that the explanation provided by Chang was insufficient to justify overriding the statutory time limits. The Tribunal concluded that it was not proper to grant the extension of time.

Consequently, the Tribunal affirmed the decision under review, meaning that Chang's objection was not permitted to be lodged out of time.