QHGX and Child Support Registrar (Child support second review)

This matter concerned an application by the applicant, QHGX, for an extension of time to seek a review of a child support percentage of care determination. The dispute arose from a determination that the applicant's daughter had been in shared care with her parents since 13 October 2016, with the determination taking effect from 18 January 2017. The applicant contended that his former partner's share of actual care did not align with a Family Court order. The case was heard by Member Mark Hyman.

The primary legal issue before the court was whether to exercise its discretion under subsection 29(7) of the Administrative Appeals Tribunal Act 1975 to grant an extension of time for the applicant to pursue his review. This required consideration of established principles governing such applications, including the need for an acceptable explanation for the delay, whether the applicant had "rested on his rights," any prejudice to the respondent or other parties, and the merits of the substantial application.

The Member noted that while the applicant could seek a new care determination from the Registrar for current and future periods, his primary aim appeared to be recovering child support payments for the period since January 2017. The court applied the principles from cases such as *Hunter Valley Developments v Minister for Home Affairs and Environment*, finding that the applicant had not provided a persuasive explanation for the significant delay in lodging his application. The applicant's prospects of success were considered poor due to a lack of documented evidence supporting his claim of a change in care arrangements for the relevant period. Furthermore, granting an extension could potentially place his former partner at an unfair disadvantage.

Ultimately, the Member concluded that the applicant had "slept on his rights" and that the justice of the case did not warrant granting an extension of time. The application for an extension of time was refused.