Finley and Child Support Registrar (Child support)

Finley (the applicant) sought an extension of time from the Child Support Registrar to lodge an objection to a child support assessment. The Registrar refused the extension, and Finley appealed this decision to the Administrative Appeals Tribunal.

The Tribunal was required to determine whether it was in the interests of justice to grant Finley an extension of time to lodge her objection, despite the delay and the absence of a satisfactory explanation for that delay. This involved considering the merits of the objection, the prejudice to the Child Support Registrar and the child, and any other relevant circumstances.

The Tribunal acknowledged that Finley had not provided a satisfactory explanation for the significant delay in lodging her objection. However, it found that her proposed objection had arguable merit. Crucially, the Tribunal determined that granting the extension would not cause significant prejudice to the Child Support Registrar or the child. After weighing all these factors, the Tribunal concluded that it was in the interests of justice to grant the extension of time.

The Tribunal set aside the Registrar's decision and substituted it with a decision to grant Finley an extension of time to lodge her objection.