Larsen and Child Support Registrar (Child support)

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

The primary legal issue before the Tribunal was whether the Registrar’s refusal to grant an extension of time to lodge the objection was justified. This required the Tribunal to assess whether the applicant had provided a reasonable explanation for the delay in lodging the objection and whether there were arguable merits to the objection itself, balanced against any potential prejudice to the other parent.

The Tribunal reasoned that the applicant had provided a sufficient explanation for the delay, demonstrating that the circumstances preventing timely lodgement were beyond their control. Furthermore, the Tribunal found that the proposed objection had arguable merit, meaning there was a real prospect of success if the objection were permitted to proceed. Crucially, the Tribunal determined that granting the extension would not cause undue prejudice to the other parent. Consequently, the Tribunal concluded that the Registrar’s decision to refuse the extension of time was unreasonable. The Tribunal set aside the Registrar's decision and substituted it with its own decision, granting the extension of time.