Myers and Myers and Anor (SSAT Appeal) (No.2)

This matter concerned an appeal from a decision of the Social Security Appeals Tribunal (SSAT) regarding child support. The father, Mr Myers, sought an extension of time to institute an appeal against the SSAT's decision of 6 January 2012.

The primary legal issue before the court was whether to grant the father an extension of time to appeal the SSAT's decision. A secondary issue, arising from the father's attempt to appeal within the original time limit using an incorrect form, was whether this constituted a question of law.

Judge Halligan considered the principles governing extensions of time for appeals, particularly where an applicant has attempted to comply with procedural requirements but used the wrong form. The court noted that while the father had attempted to lodge an appeal within the prescribed time, he had done so using an incorrect form, which did not constitute the institution of a valid appeal. However, the court exercised its discretion to extend the time for the father to institute an appeal, acknowledging the circumstances.

Ultimately, the court ordered that the time within which the father could institute an appeal against the SSAT's decision of 6 January 2012 be extended to 27 March 2012. Despite this extension, the father's Amended Notice of Appeal, filed on 14 November 2012, was dismissed.