Stefan and Child Support Registrar (Child support)

The Administrative Appeals Tribunal (AAT) considered an application by Stefan for an extension of time to lodge an objection against a decision made by the Child Support Registrar. The Registrar had refused to grant Stefan an extension of time to object to a child support assessment.

The primary legal issue before the Tribunal was whether Stefan had provided a reasonable explanation for his delay in lodging the objection and whether he had demonstrated that he had some prospect of success in the substantive objection. The Tribunal also had to consider the degree of prejudice to the Child Support Registrar if the extension were granted.

The Tribunal reasoned that while Stefan's explanation for the delay was not entirely comprehensive, it was sufficient to establish a reasonable excuse. Crucially, the Tribunal found that Stefan had demonstrated an arguable case and a real prospect of success in his proposed objection, particularly concerning the calculation of his child support liability. The Tribunal also determined that the prejudice to the Registrar in granting the extension would be minimal. Applying the principles for granting an extension of time, the Tribunal concluded that it was in the interests of justice to allow Stefan to pursue his objection.

Consequently, the Tribunal set aside the Registrar's decision and substituted it with a decision granting Stefan an extension of time to lodge his objection.