Lingard and Child Support Registrar (Child support)

This matter concerned an application by Mr Lingard for an extension of time to seek a review by the Administrative Appeals Tribunal (AAT) of a decision made by the Child Support Registrar. The Registrar had refused Mr Lingard's income estimate election on 10 January 2019, after finding that Mr Lingard had failed to disclose rental property losses. Mr Lingard lodged his application for review on 12 August 2019, significantly outside the statutory 28-day time limit.

The AAT was required to determine whether to grant Mr Lingard an extension of time to lodge his application for review. In doing so, the Tribunal considered the established legal principles governing such applications, which require a balancing of factors to ensure justice is done between the parties. These factors include the explanation for the delay, the merits of the substantive application, any prejudice to the other party, and relevant public interest considerations.

The Tribunal found that Mr Lingard had not provided a reasonable explanation for the substantial delay, noting that he was aware of his objection rights at the time of the decision and elected not to pursue the matter. Furthermore, the Tribunal concluded that the substantive application had no prospects of success, as the Registrar's decision to refuse the income estimate election due to non-disclosure of rental losses appeared to be correct. The Tribunal also considered the potential prejudice to the other parent, who was entitled to rely on the decision for budgeting purposes, and the public interest in the timely finalisation of child support matters.

Ultimately, the AAT refused Mr Lingard's application for an extension of time, finding that the interests of justice were best served by this outcome given the lack of a reasonable explanation for the delay, the absence of merit in the proposed review, and the potential prejudice to the other party.