Draper and Child Support Registrar (Child support)

This matter concerned an application by Mr Draper 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, made on 21 January 2019, concerned the particulars of a child support assessment, specifically the inclusion of a foreign maintenance liability in the Child Support Register. Mr Draper sought to have this decision reviewed by the AAT, but his application for review was lodged on 6 August 2019, significantly outside the statutory 28-day time limit.

The primary legal issue before the AAT was whether to grant Mr Draper an extension of time to lodge his application for review. In determining this, the Tribunal was required to consider established legal principles regarding applications for extensions of time, which necessitate a balancing of factors to ensure justice is done between the parties. These factors include the explanation for the delay, the merits of the substantive application, any prejudice to the other party, and relevant public interest considerations.

The Tribunal reasoned that an extension of time is not to be granted lightly, particularly where there is no satisfactory explanation for the delay. Mr Draper had not provided any compelling reason for his failure to lodge his application within the prescribed period, merely asserting that the substantive decision was incorrect. Furthermore, the Tribunal found that Mr Draper's substantive application had little prospect of success, as the original decision to register the liability appeared to be correct. The Tribunal also noted potential prejudice to the other party, who was entitled to rely on the decision in the absence of a timely objection, and the public interest in the timely and certain finalisation of child support matters.

Consequently, the Tribunal concluded that the interests of justice were best served by refusing the application for an extension of time.