Mcfadden and Child Support Registrar (Child support second review)

This matter concerned an application by Mr. McFadden for an extension of time to lodge an application for review of a child support assessment decision. The dispute arose from a change of assessment made by a change of assessment officer on 2 January 2015, which was subsequently affirmed by an objections officer on 30 April 2015. Mr. McFadden sought a review of this decision by the Administrative Appeals Tribunal (AAT). The AAT had previously refused his request for an extension of time to lodge this application.

The primary legal issue before the Tribunal was whether it was reasonable, in all the circumstances, to grant Mr. McFadden an extension of time to lodge his application for review. This required the Tribunal to consider factors such as the explanation for the delay, the prospects of success of the substantive application, and any prejudice to the other parties. The Tribunal also had to consider the principle of procedural fairness.

The Tribunal reasoned that there had been administrative deficiencies in the process, specifically that Mr. McFadden was not initially informed of the original decision and that the letter advising him of his right to seek review did not specify a timeframe. The Tribunal found that this lack of specific advice regarding the timeframe constituted a lack of procedural fairness. Coupled with the finding that Mr. McFadden's substantive application appeared to have merit, the Tribunal concluded that it was the correct and preferable decision to grant the extension of time.

Consequently, the Tribunal set aside the previous AAT decision of 23 March 2016 and granted Mr. McFadden an extension of time to lodge his application for review of the objections officer's decision.