Marner and Child Support Registrar (Child support)

This matter concerned an application by Mr Marner to the Administrative Appeals Tribunal (AAT) for an extension of time to seek a review of a decision made by the Child Support Registrar. The Registrar had previously refused Mr Marner an extension of time to lodge an objection to a change of assessment decision concerning child support. Mr Marner's application to the AAT was itself lodged outside the prescribed 28-day time limit.

The AAT was required to determine whether to grant Mr Marner an extension of time to lodge his application for review of the Registrar's refusal. This involved considering the principles established in cases such as *Hunter Valley Developments Pty Ltd v Cohen* and *Brisbane South Regional Health Authority v Taylor*, which guide the exercise of discretion in granting extensions of time. Key factors to be balanced included the reasons for the delay, the merits of the substantive application, prejudice to the other party, and wider prejudice to the public interest.

The Tribunal found that Mr Marner had not provided a satisfactory explanation for the delay in lodging his application with the AAT. While acknowledging that there might be some merit to his underlying substantive application, the Tribunal concluded that this did not outweigh the lack of an acceptable reason for the delay. Furthermore, the Tribunal considered that granting an extension would prejudice community expectations regarding the finality and certainty of administrative decision-making.

Consequently, the Tribunal refused Mr Marner's application for an extension of time. Mr Marner was advised that he retained the option to apply for a new change of assessment with Child Support, which would then carry its own rights of review.