Kovac and Child Support Registrar (Child support)

This matter concerned an application by Ms Kovac for an extension of time to lodge a request for review of a decision made by the Child Support Registrar on 13 January 2022. The application was heard by the Administrative Appeals Tribunal.

The primary legal issue before the Tribunal was whether Ms Kovac should be granted an extension of time to lodge her review request, given that it was lodged 18 days after the expiry of the prescribed 28-day period. This required the Tribunal to consider the provisions of section 29(2) and sections 91 and 92 of the Administrative Appeals Tribunal Act, which govern the lodgement of review requests and the process for seeking an extension of time.

The Tribunal applied the principles established in *Hunter Valley Developments Pty Ltd v Cohen* and considered a range of factors to determine whether to grant the extension. These factors included the reasons for the delay, the merits of the substantive application, prejudice to the other party, wider public prejudice, fairness to other applicants, and whether it was proper to grant the extension. Ms Kovac attributed her delay to suffering from bronchitis, caring for her unwell daughter, and managing children at home due to COVID-19. She had received notice of the Registrar's decision on 14 January 2022.