Wheaton and Child Support Registrar (Child support)

This matter concerned an application by the father, Mr. Wheaton, for an extension of time to object to a child support assessment made by the Child Support Registrar. The dispute centred on the father's assertion that he had made payments directly to the mother, which he contended should have been recognised as child support payments, thereby reducing his assessed liability. The application was heard by Member M Martellotta of the relevant tribunal.

The primary legal issue before the tribunal was whether to grant the father an extension of time to lodge his objection to the child support assessment. In determining this, the tribunal was required to consider the reasons for the father's delay in lodging the objection, the potential prejudice to the mother if an extension were granted, and the merits of the father's substantive application to have the non-agency payments recognised.

The tribunal's reasoning focused on the established principles for granting extensions of time in child support matters. It was noted that while the merits of the substantive application are a relevant consideration, they are not determinative. The tribunal found that the father had not provided sufficient or compelling reasons for the significant delay in lodging his objection. Furthermore, the tribunal considered that granting an extension would likely cause prejudice to the mother, who had proceeded on the basis of the existing assessment. Consequently, the tribunal affirmed the decision of the Child Support Registrar.