Setchell and Child Support Registrar (Child support)

This matter concerned an application by Mrs Setchell for an extension of time to seek a review by the Administrative Appeals Tribunal (AAT) of a decision made by the Child Support Registrar on 3 May 2019. The Registrar's decision had partially allowed Mr Setchell's objection to a "change of assessment" decision. Mrs Setchell lodged her application for review on 6 February 2020, significantly outside the statutory 28-day time limit prescribed by the *Child Support (Registration and Collection) Act 1988* and the *Administrative Appeals Tribunal Act 1975*.

The AAT was required to determine whether to grant Mrs Setchell an extension of time to lodge her application for review. In doing so, the Tribunal considered established legal principles that require a balancing of factors to ensure justice is done between the parties. These factors included the explanation for the delay, the merits of the substantial application, any prejudice to the other party occasioned by the delay, and relevant public interest considerations.

The Tribunal found that Mrs Setchell had not provided a reasonable explanation for the lengthy delay in lodging her application. Her stated reasons, concerning Mr Setchell's alleged untruthfulness and her own emotional and financial hardship, were considered insufficient and not uncommon in child support matters. While the Tribunal acknowledged that the substantive application might not be entirely devoid of merit, it gave significant weight to the prejudice that could be suffered by the other parent due to the protracted delay, as well as the public interest in the timely finalisation of child support matters and the certainty provided by statutory time limits.

Ultimately, the Tribunal concluded that the interests of justice were best served by refusing to grant the extension of time. Accordingly, Mrs Setchell's application for an extension of time was refused.