Moeling and Child Support Registrar (Child support)

The Administrative Appeals Tribunal (AAT) considered an application for an extension of time made by Mr Moeling, the applicant, to seek a review of a child support decision made by the Child Support Registrar on 30 August 2019. Mr Moeling sought to extend the time for lodging his application for review, which had expired. The decision was made on the papers by the Tribunal.

The primary legal issue before the Tribunal was whether to grant Mr Moeling's request for an extension of time to apply for a review of the Child Support Registrar's objection decision. This required the Tribunal to consider the relevant provisions of the Child Support (Registration and Collection) Act 1988 and the Administrative Appeals Tribunal Act 1975, particularly concerning the prescribed time limits for review applications and the criteria for granting an extension.

In determining whether to grant the extension, the Tribunal applied the guiding principles established in *Hunter Valley Developments Pty Ltd v Cohen* [1984] FCA 186, which require the Tribunal to be satisfied that it is proper to grant an extension. The Tribunal considered several factors, including the reasons for the delay, the merits of the substantive application, potential prejudice to the other party and the public, and fairness to other applicants. Mr Moeling's explanation for the delay, approximately 113 days, was found to be unsatisfactory, with the Tribunal concluding he had rested on his rights. Furthermore, the Tribunal found that his substantive application had little merit, as the grounds he raised regarding parental income, financial resources, and the costs of education were not supported by sufficient evidence or legal basis. The Tribunal also noted potential prejudice to the payee and the public interest in maintaining certainty regarding time limits.

Consequently, the Tribunal refused Mr Moeling's application for an extension of time.