EIZ20 v Child Support Registrar

EIZ20, the Mother, appealed a decision of the Child Support Registrar (First Respondent) to the Family Court of Australia. The Mother sought a review of the First Respondent’s decision to disallow her objection to the refusal of a departure application under the Child Support (Assessment) Act 1989 (Assessment Act). The Father (Second Respondent) did not participate in the proceedings. The Mother sought an extension of time to file her Notice of Appeal and for leave to file an Amended Notice of Appeal. The legal issues before the court were whether time should be extended under r 27.03 of the 2021 Rules and whether the Amended Notice of Appeal has reasonable prospects of success. The court considered the delay in filing, the explanation for the delay, whether any prejudice would be caused to the other parties if an extension of time was granted and whether the Amended Notice of Appeal has reasonable prospects of success. The court found that the delay was not significant and there was no prejudice to the First Respondent if the extension were to be granted. The court also found that the Amended Notice of Appeal had reasonable prospects of success.

The court found that the Mother had not provided evidence of the email correspondence that she claimed was returned due to lack of information. The court noted that the Mother had filed the Notice of Appeal within 28 days but it was returned due to lack of some information. The court also noted that the Mother had not provided evidence of the relevant email correspondence. The court found that the Mother had not provided sufficient evidence to support her claim that she was prevented from filing in time due to the second Covid lockdown. The court found that the Mother had not acted with due diligence and she did not require redress for the Tribunal’s error. The court found that it was not in the interests of justice to extend time. The court dismissed the Mother’s application for an extension of time to file her Notice of Appeal and for leave to file an Amended Notice of Appeal.