Giffey and Child Support Registrar (Child support)

This matter concerned an application for an extension of time made by Ms Giffey to the Administrative Appeals Tribunal (the Tribunal) to seek a review of a decision made by the Child Support Registrar. The Registrar's decision, which had been made on 17 July 2023, partially allowed an objection by Mr A concerning a departure determination relating to child support payable by him to Ms Giffey for their child. Ms Giffey lodged her application for review on 9 October 2023, which was outside the prescribed 28-day period.

The legal issue before the Tribunal was whether to grant Ms Giffey an extension of time to lodge her application for review. In determining this, the Tribunal considered the principles established in cases such as *Hunter Valley Developments Pty Ltd v Cohen* and *Mulheron and Australian Telecommunications Corporation*, which require a balancing of various factors. These factors include the reasons for the delay, the merits of the substantive application, any prejudice to the other party, and the overall fairness and propriety of granting an extension.

The Tribunal found that Ms Giffey's stated reasons for the delay, namely indecision about applying for review and her child's hospitalisation, were not satisfactory. While sympathetic to the child's hospitalisation, the Tribunal was not satisfied it was the primary cause of the delay. Furthermore, the Tribunal assessed the merits of Ms Giffey's substantive application and concluded there was little merit in seeking a review at that time, noting that Ms Giffey could lodge another application if new information arose. The Tribunal also considered that granting an extension would prejudice Mr A and undermine community expectations regarding the finality of decisions.

Consequently, the Tribunal refused Ms Giffey's application for an extension of time to lodge her review application.