Vasquez and Child Support Registrar (Child support)

Mr Vasquez applied 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's decision, which varied Mr Vasquez's child support liability, was initially made on 31 May 2017 and subsequently varied on objection on 2 September 2017. Mr Vasquez lodged his application for AAT review on 15 May 2018, well outside the prescribed 28-day time limit.

The primary legal issue before the AAT was whether to grant Mr Vasquez an extension of time to apply for a review of the Child Support Registrar's decision. This required the Tribunal to consider the reasons provided by Mr Vasquez for the delay and to weigh various factors, including the merits of the proposed review, potential prejudice to the other party, and public policy considerations surrounding statutory time limits.

The Tribunal refused the extension application, finding that Mr Vasquez had not provided an adequate explanation for his delay. The Tribunal noted that Mr Vasquez's assertion of consulting a lawyer and inferring a lack of merit from the lawyer's silence was not corroborated and that a reasonable response would have been to follow up with the lawyer or contact the Tribunal directly. The Tribunal concluded that Mr Vasquez had rested on his rights and was solely responsible for his failure to apply within the prescribed period. Furthermore, the Tribunal found that the merits of the decision were not such that it was likely to be changed on review, and that allowing the review to proceed could cause prejudice to the payee by potentially reducing her entitlement retrospectively.

Consequently, the AAT declined to grant the extension of time, meaning Mr Vasquez's application for review was out of time and could not proceed.