NLLQ and Child Support Registrar (Child support second review)

This matter came before the Administrative Appeals Tribunal (AAT) on a second review concerning child support payments. The applicant, NLLQ, sought an extension of time to lodge an application for review of a child support assessment made by the Child Support Registrar. The dispute arose from differing views on the applicant's taxable income, the need for additional support for one child's orthodontic treatment, and whether another child living independently should be considered in the assessment.

The primary legal issue before the AAT was whether to grant the applicant an extension of time to seek a review of the child support assessment. This required the Tribunal to consider the applicant's explanation for the significant delay in lodging the application, the merits of the substantive application itself, and any prejudice that might be suffered by the other parent due to the extended delay.

The Tribunal refused the application for an extension of time. The applicant's explanation for the 54-day delay, which involved relying on his daughter to assist with electronic communications and a subsequent failure to realise the urgency of the deadline, was found to demonstrate a lack of diligence. The Tribunal noted that it was incumbent upon the applicant to ensure the application was filed in time and to follow up with his daughter to confirm this. Furthermore, the Tribunal found that the other parent would suffer prejudice from any further delay, as she had been required to cover expenses and rely on others for financial support during the ongoing dispute. The merits of the substantive application were also considered difficult to assess, with the applicant's arguments regarding the assessment of his income not being made good.