Dillon and Child Support Registrar (Child support)
Case
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[2018] AATA 3284
•11 July 2018
Details
AGLC
Case
Decision Date
Dillon and Child Support Registrar (Child support) [2018] AATA 3284
[2018] AATA 3284
11 July 2018
CaseChat Overview and Summary
This matter concerned an appeal to the Administrative Appeals Tribunal concerning the refusal of an extension of time to object to a departure determination made by the Child Support Registrar. The applicant, Dillon, sought to object to a departure determination but had failed to lodge the objection within the prescribed time limit.
The Tribunal was required to determine whether the reasons provided by Dillon for the delay in lodging the objection were sufficiently compelling to warrant granting an extension of time. This involved assessing whether the applicant had a reasonable excuse for the delay and whether the objection itself was likely to have merit.
The Tribunal found that the reasons provided for the delay were not compelling. It applied the principles that an extension of time should only be granted where there are strong reasons for the delay and where the objection is likely to succeed. As the Tribunal was not satisfied that either of these conditions were met, it affirmed the Registrar's decision to refuse the extension of time.
The Tribunal was required to determine whether the reasons provided by Dillon for the delay in lodging the objection were sufficiently compelling to warrant granting an extension of time. This involved assessing whether the applicant had a reasonable excuse for the delay and whether the objection itself was likely to have merit.
The Tribunal found that the reasons provided for the delay were not compelling. It applied the principles that an extension of time should only be granted where there are strong reasons for the delay and where the objection is likely to succeed. As the Tribunal was not satisfied that either of these conditions were met, it affirmed the Registrar's decision to refuse the extension of time.
Details
Key Legal Topics
Areas of Law
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Family Law
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Administrative Law
Legal Concepts
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Appeal
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Judicial Review
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Procedural Fairness
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Statutory Construction
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