Dawson and Child Support Registrar (Child support)

This matter concerned an application by Mr Dawson 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 original decision disallowing Mr Dawson's objection was made on 7 May 2018, and the statutory time limit for applying for an AAT first review was 28 days from that date. Mr Dawson lodged his application for review on 22 February 2019, significantly outside this period.

The AAT was required to determine whether to grant Mr Dawson an extension of time to lodge his application for review. In considering this, the Tribunal had to assess the explanation provided for the lengthy delay, the merits of the substantial application, any prejudice to the other party, and relevant public interest considerations. The established legal principle is that while statutory time limits are important for certainty, the primary concern is to do justice between the parties, which involves considering the history of the proceedings, the conduct of the parties, the nature of the litigation, and the consequences of granting or refusing the extension.

The Tribunal found that Mr Dawson had not provided a satisfactory explanation for the considerable delay. He had been advised in September 2018 that his application was out of time and that an extension application was required, but he did not lodge this until February 2019. His stated reasons, including an inability to pay his accountant, were not considered a reasonable excuse for the prolonged inaction. Furthermore, the Tribunal noted that the child support case had concluded in October 2018, and granting an extension would cause significant prejudice to Mrs [A], who was entitled to rely on the finality of the decision. The public interest in timely reviews and certainty for parties also weighed against granting the extension.

Consequently, the AAT refused Mr Dawson's application for an extension of time.