WSNY and Child Support Registrar (Child support second review)

This matter concerned an application by WSNY for review of a decision of the Administrative Appeals Tribunal (AAT) which had refused WSNY an extension of time to seek review of a child support objection decision. The objection decision, made by a delegate of the Child Support Registrar, had varied the administrative assessment by setting WSNY's adjusted taxable income at $157,600 per annum for the period of 31 October 2022 to 31 March 2024. WSNY was notified of this objection decision on 7 December 2022.

The legal issues before the Tribunal were whether WSNY had lodged his application for review with the AAT outside the prescribed 28-day period, and if so, whether it was reasonable in all the circumstances to grant him an extension of time to do so. The Tribunal found that the application was indeed lodged outside the statutory timeframe, being 26 days late.

In determining whether to grant an extension of time, the Tribunal applied established principles, including the need for an acceptable explanation for the delay, consideration of prejudice to other parties, the merits of the substantive application, and overall fairness. WSNY had not provided a satisfactory explanation for the delay. Furthermore, the Tribunal considered the prospects of the substantive application to be slim and noted that significant prejudice would be caused to the other party. Weighing these factors, the Tribunal concluded that it was not reasonable to extend the time for lodging the application.

Consequently, the Tribunal affirmed the AAT's decision to refuse WSNY's request for an extension of time to seek review of the objection decision.