Stokes and Child Support Registrar (Child support)

This matter concerned an application by Mr Stokes for an extension of time to seek a review by the Administrative Appeals Tribunal (AAT) of a decision made by the Child Support Registrar. The Registrar's decision, concerning a "change of assessment," had been made on 31 January 2019, and Mr Stokes' objection to this decision had previously been disallowed. Mr Stokes lodged his application for an AAT first review on 15 August 2019, significantly outside the statutory 28-day time limit.

The AAT was required to determine whether to grant Mr Stokes an extension of time to lodge his application for review. In considering this, the Tribunal had to assess the explanation provided for the delay, the merits of the substantive application, any prejudice to the other party, and relevant public interest considerations. The established legal principle is that while statutory time limits are generally to be adhered to, an extension may be granted if it is necessary to ensure justice is done between the parties, taking into account the history of the proceedings, the conduct of the parties, the nature of the litigation, and the consequences of granting or refusing the extension.

The Tribunal found that Mr Stokes' explanation for the lengthy delay was not compelling. He claimed to have received incorrect advice from an officer regarding the assessment amount changing after lodging a tax return, but the CSA records did not corroborate this advice, and it would not have been correct. Crucially, Mr Stokes had been clearly advised in writing of his right to apply for a review within 28 days and had elected not to do so at the time. The Tribunal also considered the potential prejudice to the other party, who was entitled to rely on the decision in the absence of a timely objection. Furthermore, the Tribunal noted the public interest in timely reviews and the certainty provided by statutory time limits.

Accordingly, the Tribunal refused Mr Stokes' application for an extension of time. The Tribunal noted that Mr Stokes could make a fresh application for a change of assessment with the CSA at any time if he believed there had been a material change in his circumstances.