Darby and Child Support Registrar (Child support)

This matter concerned an application by Mr Darby for an extension of time to object to a child support assessment. The dispute centred on the date from which Mr Darby's percentage of care for his children should be recognised, with Mr Darby contending it was from January 2008, rather than the date recorded by the Child Support Agency as 29 March 2010. The decision was made by R Ellis SM.

The primary legal issue before the court was whether to grant Mr Darby an extension of time to object to the child support assessment, given the significant delay in lodging the objection. This required the court to consider the adequacy of the explanation provided for the delay, the merits of Mr Darby's proposed objection, and any prejudice to the Child Support Registrar or the other party. The court also had to interpret the provisions of section 48 of the Assessment Act concerning the determination of care periods and the notification requirements for changes in care percentages.

The court found that Mr Darby had not provided a satisfactory explanation for the substantial delay in objecting to the assessment. While evidence was presented, including statutory declarations and childcare records, suggesting Mr Darby had a level of care for the children prior to March 2010, the court noted that Mr Darby had rested on his rights and had not actively pursued his objection until much later. The court also considered that the other party had stated Mr Darby did not have a regular pattern of care until March 2010, and that allowing an extension would be unfair and potentially prejudicial.

Consequently, the court refused Mr Darby's application for an extension of time to object to the child support assessment, affirming the decision under review.