Mimaki and Child Support Registrar (Child support)

This matter concerned an application for an extension of time to lodge an application for review with the Administrative Appeals Tribunal (the Tribunal). The applicant, Mr Mimaki, sought to have his application for review of a decision by the Child Support Registrar, made on 3 January 2024, considered despite being lodged on 22 April 2024, well outside the prescribed 28-day period. The other party was the Child Support Registrar.

The primary legal issue before the Tribunal was whether to grant Mr Mimaki an extension of time to lodge his application for review. This required the Tribunal to consider the principles governing the exercise of discretion to extend time, including the reasons for the delay, the merits of the substantive application, and any prejudice to the other party and the wider public. The Tribunal was guided by established case law, including *Hunter Valley Developments Pty Ltd v Cohen* and *Mulheron and Australian Telecommunications Corporation*, which outline a range of factors to be balanced.

The Tribunal considered Mr Mimaki's stated reason for the delay, a ruptured Achilles tendon in December 2023, but found no supporting medical evidence. It also noted that Mr Mimaki had read the decision online on the day it was issued and had not objected to a previous, similar departure determination. The Tribunal found that Mr Mimaki had rested on his rights and did not have an acceptable reason for the delay. Furthermore, an assessment of the substantive application indicated little merit, as evidence suggested Mr Mimaki's income and financial resources were likely higher than he claimed. The Tribunal also found that granting an extension would cause prejudice to the other parent and the general public by undermining the timely provision of child support.

Accordingly, the Tribunal refused Mr Mimaki's application for an extension of time to lodge his application for review.