LKWV and Child Support Registrar (Child support second review)

This matter concerned an application for an extension of time to seek review of a decision made by the Administrative Appeals Tribunal (AAT) on 26 September 2017. The AAT had refused the applicant's earlier application for an extension of time to review an objection decision by the Child Support Registrar dated 2 September 2016. The applicant sought to review the AAT's refusal of his initial extension application.

The primary legal issue before the Tribunal was whether it was reasonable in all the circumstances to grant the applicant a further extension of time to apply for a review of the AAT's extension decision. This required the Tribunal to consider various factors, including the length of the delay, the applicant's explanation for that delay, whether the applicant was aware of his appeal rights and had rested on them, any prejudice to the respondent, and the merits or prospects of success of the substantive application.

The Tribunal applied principles derived from case law, including *Hunter Valley Developments Pty Ltd v Cohen*, which guide the exercise of discretion in granting extensions of time. The Tribunal found that the applicant was taken to have received the AAT's extension decision on 10 October 2017, meaning his application for review was due by 7 November 2017. The applicant did not file his application until 12 March 2018, resulting in a delay of 124 days. The Tribunal considered the applicant's explanation for the delay, which involved issues with his contact details and the AAT's notification being sent to an incorrect email address, but ultimately found it unsatisfactory given the significant length of the delay and the applicant's failure to maintain up-to-date contact details.

The Tribunal concluded that, on balance, it was not reasonable to grant the extension of time. The significant delay, the lack of a satisfactory explanation, the applicant's awareness of his rights, and potential prejudice to the respondent weighed against granting the extension. Accordingly, the application for an extension of time was refused.