Pullman and Child Support Registrar (Child support)

The Administrative Appeals Tribunal (AAT) considered an application by Mr Pullman for an extension of time to seek a review of a decision made by the Child Support Registrar. The Registrar had disallowed Mr Pullman's objection to a "change of assessment" decision. Mr Pullman sought to have his child support liability retrospectively adjusted based on more recently lodged income tax returns.

The Tribunal was required to determine whether to grant Mr Pullman an extension of time to apply for an AAT first review, given that his application was lodged outside the statutory 28-day period. In making this determination, the Tribunal considered the explanation provided for the delay, the merits of Mr Pullman's substantial application, any potential prejudice to the other party, and relevant public interest considerations.

The Tribunal reasoned that while Mr Pullman provided some understandable reasons for the delay, such as a change in his son's care and day surgery, these did not satisfactorily explain why the application could not have been made within the prescribed time. Furthermore, the Tribunal found that the merits of Mr Pullman's substantial application were weak, noting his history of non-compliance with Tribunal directions and the CSA's assessment that a reduction in his child support liability was not warranted. The Tribunal also considered that granting an extension could prejudice the other party, who was entitled to rely on the original decision, and that the public interest favoured timely reviews to ensure certainty.

Ultimately, the Tribunal concluded that Mr Pullman's application lacked reasonable prospects of success and that, in the absence of a very compelling explanation for the delay, the interests of justice were best served by refusing the extension of time. Accordingly, the application for an extension of time was refused.