Thoene and Child Support Registrar (Child support)

This matter concerned an application by Mr Thoene 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 had refused Mr Thoene's earlier application for an extension of time to object to a child support assessment decision. Mr Thoene sought to have the Registrar's refusal decision reviewed by the AAT, but his application to the AAT was lodged significantly outside the prescribed 28-day period.

The primary legal issue before the AAT was whether to grant Mr Thoene's application for an extension of time to seek a review of the Registrar's refusal decision. This required the Tribunal to consider the statutory provisions governing applications for review and extensions of time under the Child Support (Registration and Collection) Act 1988, and to apply the guiding principles for exercising such discretion, as established in case law such as *Hunter Valley Developments Pty Ltd v Cohen*.

The Tribunal reasoned that an extension of time should only be granted if it was proper to do so, considering a range of factors including the reasons for the delay, the merits of the substantive application, and any prejudice to the parties or the public. In this instance, the Tribunal found Mr Thoene's explanation for the approximately 70-day delay to be unsatisfactory, noting that he had been notified of the decision and the time limits for review. Furthermore, the Tribunal determined that Mr Thoene's underlying objection to the child support assessment lacked merit, as he had failed to provide his income information within the required timeframe and had not demonstrated any circumstances that would justify a retrospective determination. The Tribunal also considered that granting an extension would be contrary to the public interest in observing statutory time limits.

Consequently, the Tribunal concluded that, on balance, it was not proper to grant the extension of time application. The Tribunal therefore refused Mr Thoene's application for an extension of time to seek a review of the Child Support Registrar's refusal decision.