Costlova and Child Support Registrar (Child support)

This matter concerned an application by Mr Costlova for an extension of time to seek a review by the Administrative Appeals Tribunal (AAT) of a decision made by the Child Support Registrar. The Registrar's decision, dated 26 June 2019, had partly allowed Mr Costlova's objection to a "change of assessment" decision. Mr Costlova lodged his application for AAT first review on 2 October 2019, significantly outside the statutory 28-day time limit.

The AAT was required to determine whether to grant Mr Costlova an extension of time to lodge his application for review. In considering this, the Tribunal applied established legal principles, including the prima facie rule that proceedings commenced outside a statutory period will not be entertained, while also acknowledging the overarching concern to "enable justice to be done between the parties." The Tribunal considered the history of the proceedings, the conduct of the parties, the nature of the litigation, and the consequences for the parties of granting or refusing the extension. These considerations were framed by four key headings: the explanation for the delay, the merits of the substantial application, any prejudice to the other party, and public interest considerations.

The Tribunal found that Mr Costlova had not provided a reasonable explanation for the delay. He was aware of his right to seek review within the statutory period and was not required to obtain further evidence before lodging his application. While the Tribunal acknowledged that the substantial application might not be devoid of merit, it also noted potential prejudice to the other party who was entitled to rely on the original decision. Furthermore, the Tribunal considered the public interest in timely reviews of Child Support Registrar decisions and the need for certainty.

Ultimately, the Tribunal concluded that the interests of justice were best served by refusing to grant the extension of time. The application for an extension of time was therefore refused.