Saylor and Child Support Registrar (Child support) - [2025] ARTA 1940

Saylor and Child Support Registrar (Child support) [2025] ARTA 1940 (1 September 2025)

Applicant/s: Mr Saylor

Respondent: Child Support Registrar

Tribunal Number: 2025/BC030125
Tribunal: General Member H Casey
Place:Hobart
Date:1 September 2025
Application: An extension application made on 11 July 2025 asking the Tribunal to consider the application for review of a decision of the Child Support Registrar on 2 September 2024 despite the period for applying for review having ended.
Decision: The extension application is refused.

CATCHWORDS

CHILD SUPPORT – application for extension of time – change of assessment – special circumstances – lengthy delay in review request – mental health – recent change of financial circumstances – little merit – rested on his rights – extension of time refused

Names used in all published decisions are pseudonyms. Any references appearing in square brackets indicate that information has been omitted from this decision and replaced with generic information pursuant to subsection 16(2AB) of the Child Support (Registration and Collection) Act 1988.

Statement of Reasons

BACKGROUND

This is a decision about whether an extension of time should be granted by the Tribunal so that Mr Saylor can seek review of a decision of Services Australia (Child Support). Mr Saylor is assessed to pay child support to Ms [A] for their child. Child Support made a decision on 17 July 2024 to change the child support assessment in the special circumstances of the case by setting Mr Saylor’s income to $137,384 for the period 11 June 2024 to 30 November 2025.
On 31 July 2024 Mr Saylor objected to that decision. On 2 September 2024 Child Support partly allowed his objection, and while the decision about his income was unchanged, the decision maker increased the self-support amount for Mr Saylor in the assessment, which had the effect of reducing the annual rate.
Mr Saylor applied to the Tribunal for review of this decision on 11 July 2025. As he had applied more than 28 days after being served with the decision dated 2 September 2024, he was required to lodge an extension of time application, which he did on the same date.
The Tribunal considered the application made by Mr Saylor and the papers provided by Child Support numbered 1–234 when making this decision. The Administrative Review Tribunal (Child Support) Practice Direction.pdf states that an extension application will usually be decided without a case event and in this matter the Tribunal has determined the extension application on the papers without holding a hearing.

ISSUES

The statutory provisions relevant to this review are contained in section 91 of the Child Support (Registration and Collection) Act 1988 (the Act) and section 18 of the Administrative Review Tribunal Act2024 (the ART Act). Subsection 18(3) of the ART Act requires that a person must lodge a review request with the Tribunal within 28 days after a notice of the decision of the Registrar had been served on them.
Where the period for lodgement has ended, section 91 of the Act provides…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading Saylor and Child Support Registrar (Child support)

Details

AGLC: Saylor and Child Support Registrar (Child support) [2025] ARTA 1940
Case: [2025] ARTA 1940
Decision Date: 1 September 2025

CaseChat Overview and Summary

In the case of Saylor and Child Support Registrar, the applicant, Mr Saylor, sought an extension of time to apply for a review of a decision made by the Child Support Registrar. The Registrar had changed Mr Saylor's child support assessment on 2 September 2024, which Mr Saylor partly objected to. Mr Saylor applied for review of the decision on 11 July 2025, well beyond the 28-day statutory period for applying for review. The Tribunal was required to decide whether to grant Mr Saylor an extension of time to apply for review.

The central issue before the Tribunal was whether Mr Saylor should be granted an extension of time to apply for review of the decision, given that he had applied more than 28 days after being served with the decision. The Tribunal considered the statutory provisions under section 91 of the Child Support (Registration and Collection) Act 1988 and section 18 of the Administrative Review Tribunal Act 2024, as well as the principles for granting an extension of time as outlined in Hunter Valley Developments Pty Ltd v Cohen. The Tribunal assessed various factors, including the reasons for the delay, the merits of the substantive application, prejudice to the other party, and whether it would be proper to grant the extension of time.

The Tribunal found that Mr Saylor had little merit in his application for review as he had not provided any reason for the delay in applying and had rested on his rights. Furthermore, the Tribunal noted that Mr Saylor's application related to a more recent change of circumstances, which could have been addressed through a new application for a change of assessment. The Tribunal considered that granting an extension of time in this case would be inconsistent and unfair compared to others in similar situations. Consequently, the Tribunal decided not to grant Mr Saylor an extension of time to apply for review of the decision dated 2 September 2024.

The Tribunal refused Mr Saylor's application for an extension of time to seek review of the decision. Mr Saylor is not precluded from applying to Child Support for a new change of assessment in special circumstances if his circumstances have changed since the original decision was made.

Orders