Kinchen and Child Support Registrar (Child support)

The Administrative Appeals Tribunal (AAT) considered an application by Mr Kinchen for an extension of time to lodge an objection against a decision of the Child Support Registrar. The Registrar had refused to grant this extension, leading to Mr Kinchen’s appeal to the AAT.

The primary legal issue before the Tribunal was whether the Registrar's refusal to grant an extension of time was justified. This required the Tribunal to assess whether Mr Kinchen had provided a satisfactory explanation for the delay in lodging his objection, whether his objection had some merit, and whether granting the extension would cause prejudice to the other parent.

The Tribunal found that Mr Kinchen had demonstrated a satisfactory explanation for the delay and that his objection possessed some merit. Crucially, the Tribunal determined that no prejudice would be caused to the other parent by granting the extension. Applying these considerations, the Tribunal concluded that the Registrar's decision to refuse the extension of time was incorrect.

Consequently, the Tribunal set aside the decision under review and substituted it with a new decision granting Mr Kinchen an extension of time to lodge his objection.