JFMF and Child Support Registrar (Social services second review)

This matter concerned an application for an extension of time to lodge an application for review of a decision, brought by the Applicant against the Child Support Registrar. The application was heard by Senior Member Theodore Tavoularis of the Administrative Appeals Tribunal.

The primary legal issue before the Tribunal was whether it was reasonable in all the circumstances to grant the Applicant an extension of time to file his application for review. To determine this, the Tribunal was required to consider several factors, including the extent of the delay, the explanation provided for the delay, any prejudice to the Respondent or the general public, the merits of the substantive application for review, and the availability of alternative avenues of relief for the Applicant.

The Tribunal reasoned that the delay of just over one month was not significant and was not opposed by the Respondent. While the Applicant’s explanation for the delay – that he was "only just made aware can appeal decision" – was limited and not supported by external evidence, it was not challenged by the Respondent. The Tribunal also noted that the exchange between the Applicant and the Other Party regarding the substantive issues of the case was not relevant to the determination of the extension of time application. Applying the principles from *Hunter Valley Developments Pty Ltd v Cohen* (1984) 3 FCR 344, and finding no significant prejudice to the Respondent, the Tribunal decided to grant the request. The Tribunal found that the Applicant was correctly served with the reviewable decision on 4 December 2023, meaning a valid application should have been filed by 2 January 2024.

The Tribunal ordered that the Applicant's request for an extension of time be granted.