Lockwood and Child Support Registrar (Child support)

Ms Lockwood applied to the Administrative Appeals Tribunal (AAT) for an extension of time to seek review of a child support objection decision made by the Child Support Registrar on 4 June 2019. The application for extension was made on 4 July 2019, which was one day outside the prescribed 28-day period for lodging an application for review. The AAT considered the matter on the papers.

The primary legal issue before the Tribunal was whether to grant Ms Lockwood's application for an extension of time to lodge her review application. In determining this, the Tribunal was required to consider the principles for exercising discretion to allow an extension of time, as established in cases such as *Hunter Valley Developments Pty Ltd v Cohen*. These principles involve balancing various factors, including the reasons for the delay, the merits of the substantive application, potential prejudice to the other party and the public, and overall fairness.

The Tribunal found that Ms Lockwood had not provided a satisfactory explanation for the one-day delay in lodging her application, stating only that she believed she was within the timeframe and had been waiting for child support payments. Furthermore, the Tribunal assessed the merits of Ms Lockwood's substantive application, which concerned the date from which a change to a child support assessment should be backdated. The Tribunal concluded that Ms Lockwood's application for review of the objection decision would likely not have good prospects of success, finding that the Child Support Agency had properly considered all relevant matters when deciding not to backdate the assessment prior to the date Ms Lockwood lodged her change of assessment application. Considering the lack of a reasonable explanation for the delay and the limited merit of the substantive application, the Tribunal determined that it would not be proper to grant the extension.

Accordingly, the Tribunal refused Ms Lockwood's application for an extension of time to seek review of the objection decision.