Titania and Child Support Registrar (Child support)

This matter concerned an application by Ms Titania 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 had disallowed Ms Titania's objection to the acceptance of her former partner's, Mr Titania's, income estimation for child support purposes. Ms Titania lodged her application for review with the AAT approximately 18 days after the prescribed 28-day period had expired.

The primary legal issue before the AAT was whether to grant Ms Titania an extension of time to lodge her application for review. This required the Tribunal to consider the principles governing the exercise of discretion to extend time limits for lodging review applications, as established in cases such as *Hunter Valley Developments Pty Ltd v Cohen* and *Brisbane South Regional Health Authority v Taylor*. These principles involve balancing various factors, 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 found that Ms Titania had not provided a satisfactory explanation for the delay. While she claimed she did not receive notification of the Registrar's decision until a later date, the Tribunal was satisfied she was electronically notified within the required timeframe. Furthermore, the Tribunal determined that the substantive application for review had little merit, as Mr Titania's income estimation appeared to be based on payslips and any potential underestimation would be addressed upon the finalisation of his tax return. The Tribunal also considered that granting an extension would cause prejudice to Mr Titania and to the broader public interest in the finality of administrative decisions.

Consequently, the AAT refused Ms Titania's application for an extension of time to lodge her application for review.