Sewell and Child Support Registrar (Child support)

This matter concerned an application by Mr Sewell to the Administrative Appeals Tribunal (AAT) for an extension of time to seek a review of a decision made by the Child Support Registrar. The Registrar's decision, which disallowed Mr Sewell's objection to a child support assessment, was made on 22 January 2024. Mr Sewell lodged his application for review with the AAT on 4 March 2024, which was 13 days outside the prescribed 28-day time limit, necessitating the extension of time application.

The primary legal issue before the Tribunal was whether to grant Mr Sewell an extension of time to lodge his application for review. In determining this, the Tribunal was required to consider the principles governing the exercise of discretion to grant an extension, including the reasons for the delay, the merits of the substantive application, and any prejudice to the other party or the public interest. The Tribunal also had regard to previous decisions of the AAT and the High Court regarding time limitations and the granting of extensions.

The Tribunal reasoned that Mr Sewell had not provided an acceptable explanation for his delay, nor had there been any material change in his circumstances since a previous AAT decision on 21 September 2023, which had already considered his stated intention to transition to retirement and set his adjusted taxable income until 31 December 2024. The Tribunal found that Mr Sewell was seeking to have a previously determined matter reheard without new evidence, and that he had rested on his rights. Furthermore, the Tribunal considered that granting an extension would cause prejudice to the other party, Ms A, by creating uncertainty in administrative decision-making, and also to the wider public interest in the timely provision of child support.

Consequently, the Tribunal refused Mr Sewell's application for an extension of time.