The Estate of the Late John Edward Gough and Comcare (Compensation)

This matter concerned an application for review lodged by the estate of the late John Edward Gough, represented by Mr Stephen Gough, against Comcare. The core dispute revolved around whether the Administrative Appeals Tribunal (AAT) had jurisdiction to consider an application that was filed significantly out of time, with the applicant seeking an extension of time to lodge the review. The decision was made by Member Lee Benjamin of the AAT.

The primary legal issue before the Tribunal was whether it possessed the jurisdiction to entertain an application for review and an associated application for an extension of time, given the substantial delay in lodging the application. This also involved determining whether, in the specific circumstances, it was appropriate to grant an extension of time, particularly considering the Tribunal's potential status as *functus officio*.

Member Lee Benjamin reasoned that the delay of approximately five years in filing the review and extension application was very significant. Furthermore, the applicant had not provided a reasonable explanation for this delay. The Tribunal also considered that any substantive review of the application would likely have poor prospects of success. Crucially, the refusal of the extension of time would not result in injustice to the applicant, as he had an alternative avenue for review through another AAT application that was already underway. Consequently, the application for review was dismissed.