Madden and Child Support Registrar (Child support)

This matter concerned an application by Dr Madden for an extension of time to seek a first review by the Administrative Appeals Tribunal (AAT) of a decision made by the Child Support Registrar. The Registrar's decision, made on 16 February 2018, allowed in part an objection by Ms Madden concerning a change of assessment. Dr Madden lodged his application for AAT first review on 7 May 2018, which was outside the statutory 28-day time limit.

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

The Tribunal found that Dr Madden's explanation for the delay, which centred on his preoccupation with family and child-related matters and a perceived lack of mental capacity to lodge the application, was not compelling. While acknowledging that matters in this jurisdiction often involve complex family issues, the Tribunal noted that Dr Madden had essentially rested on his rights. The Tribunal also considered that Ms Madden might suffer prejudice if an extension were granted, as she was entitled to rely on the assessment decision in the absence of a timely application for review. Furthermore, the Tribunal highlighted the public interest in timely reviews of child support decisions to ensure certainty for parents and the Child Support Agency.

Ultimately, the Tribunal concluded that the interests of justice were best served by refusing to grant the extension of time. The Tribunal noted, however, that it remained open for a party to apply for a fresh departure at any time if there were material changes in circumstances.