Wilbur and Child Support Registrar (Child support)

This matter concerned an application by Wilbur for an extension of time to object to a child support assessment made by the Child Support Registrar. The application was heard by S Hoffman M in the Administrative Appeals Tribunal.

The primary legal issue before the Tribunal was whether to grant Wilbur an extension of time to lodge his objection. In determining this, the Tribunal was required to consider the merits of the objection, the reasons for the delay in lodging it, and the prejudice that might be caused to the other parent if an extension were granted.

The Tribunal noted that while Wilbur's objection appeared to have merit, he had "rested on his rights" and failed to provide a satisfactory explanation for the significant delay in lodging his objection. Crucially, the Tribunal found that granting an extension would cause significant prejudice to the other parent due to the prolonged period of uncertainty. Applying the principles that govern applications for extensions of time, the Tribunal concluded that the prejudice to the other parent outweighed the merits of Wilbur's objection and the reasons for the delay.

Consequently, the Tribunal refused to grant the extension of time and affirmed the decision under review.