VMHX and Child Support Registrar (Child support second review)

This matter concerned an application by VMHX for an extension of time to lodge an application for review of a decision made by the Administrative Appeals Tribunal (AAT). The Child Support Registrar and BFZL opposed the application. The AAT was required to determine whether it was reasonable in all the circumstances to grant the extension.

The primary legal issue before the Tribunal was whether to exercise its discretion under section 29(7) of the *Administrative Appeals Tribunal Act 1975* (Cth) to extend the 28-day time limit for lodging an application for review. This required the Tribunal to be satisfied that granting the extension was reasonable in all the circumstances, considering factors such as the length of the delay, the applicant's explanation for the delay, and whether the applicant had rested on their rights.

The Tribunal noted that the application was lodged approximately six weeks out of time, which was considered a reasonably long delay. VMHX claimed he did not receive the reviewable decision until February 2020, despite evidence showing it was posted to his residential address on 8 November 2019. As VMHX confirmed he resided at that address continuously, the Tribunal treated his explanation for not receiving the decision as a neutral factor. While acknowledging VMHX's prospects of success were not hopeless and that no prejudice would be suffered by the Child Support Registrar, the Tribunal found these factors were outweighed by its dissatisfaction that VMHX had provided a compelling explanation for the delay or that he had not rested on his rights.

Consequently, the Tribunal was not satisfied that it was reasonable in all the circumstances to grant the extension of time. VMHX's application for an extension of time to lodge his application for review was refused.