Ella and Child Support Registrar (Child support)

This matter concerned an application by Mr Ella to the Administrative Appeals Tribunal (AAT) for an extension of time to seek a review of a decision made by the Child Support Registrar. The Registrar's decision, made on 2 March 2018 and notified on 5 March 2018, disallowed Mr Ella's objection to an earlier decision to register a child support case from 20 August 2017. Mr Ella lodged his application for review and extension of time on 30 April 2019, approximately 12 months after the expiry of the usual 28-day time limit.

The AAT was required to determine whether to grant Mr Ella an extension of time to lodge his application for review. This involved considering the provisions of the Child Support (Registration and Collection) Act 1988 and the Administrative Appeals Tribunal Act 1975, which generally stipulate a 28-day period for lodging such applications, but also allow for extensions under specific circumstances. The AAT was guided by established principles for exercising discretion in granting extensions of time, which require balancing various factors.

In its reasoning, the AAT acknowledged that Mr Ella provided a reasonable explanation for the significant delay, attributing it to his overseas travel and belief that the child support assessment would not apply. However, the Tribunal also thoroughly examined the merits of Mr Ella's substantive application. This involved an assessment of a financial agreement between Mr Ella and the other party, Ms A, and related documentation. The AAT concluded that, despite the parties' apparent intentions, the financial agreement did not meet the strict requirements of a binding child support agreement under the relevant legislation, particularly concerning the calculation and implementation of contributions. Consequently, the AAT found no merit in Mr Ella's objection to the child support assessment.

Weighing all the factors, including the reasonable explanation for the delay, the lack of merit in the substantive application, and potential prejudice to Ms A, the AAT concluded that it was not appropriate to grant the extension of time. Therefore, the application for an extension of time to lodge the application for review was refused.