RLDY and Child Support Registrar (Child support second review)

This matter concerned an application for an extension of time to seek a second review of a child support decision. The applicant, RLDY, sought to extend the time to lodge an application for review, which had been refused by the Child Support Registrar. The Senior Member of the Tribunal was required to determine whether to grant this extension of time.

The primary legal issue before the Tribunal was whether the applicant had provided an acceptable explanation for the delay in lodging the application for review. The Tribunal also considered the merits of the substantial application and the prejudice to the other party. The Tribunal noted the importance of acceptable reasons for delay and substantial merits, as highlighted in previous case law.

The Tribunal found that the applicant's reason for the late lodgement was not acceptable. The applicant was notified of the administrative decision on 6 August 2018 and failed to act within the prescribed 90-day period. The Tribunal held that the applicant had an obligation to monitor his MyGov portal for updates regarding his child support obligations and that his neglect in doing so did not constitute sufficient grounds for an extension of time. Consequently, the merits of the applicant's substantial case were considered to be insubstantial. The Tribunal also gave weight to the other party's legitimate expectation of finality after approximately 13 years. The decision under review was affirmed.