XQTJ and Child Support Registrar (Child support second review)

This matter concerned an application for an extension of time to seek a review of a decision made by the Administrative Appeals Tribunal (AAT). The applicant, XQTJ, sought to challenge an AAT decision that revoked an existing determination of care and made a new determination assigning 35% care to the Other Party and 65% care to XQTJ. The dispute centred on the interpretation of an Interim Court Order made on 4 October 2021, which the AAT decision purportedly relied upon to establish the care percentages.

The primary legal issue before the Tribunal was whether to grant XQTJ an extension of time to lodge an application for review. In determining this, the Tribunal was required to consider whether there was an acceptable explanation for the delay, whether the respondent would suffer prejudice if an extension were granted, and crucially, whether the substantive application had any prospects of success. The substantive application itself involved determining the nature and extent of care provided by XQTJ and the Other Party for their four children between the date of the Interim Court Order and subsequent court proceedings in March 2022, and whether this differed from the findings made in the initial AAT decision.

The Tribunal reasoned that the merits of the substantive application must be considered when deciding whether to grant an extension of time, even though the substantive application itself was not being determined. Both parties acknowledged that the wording of the Interim Court Order was ambiguous and did not accurately reflect the actual care arrangements for all four children. The Tribunal considered that disputed facts regarding school holidays and lockdown periods, as well as the interpretation of the Interim Court Order and the actual pattern of care, were issues to be addressed in a substantive hearing. Weighing these factors, the Tribunal was satisfied that it was reasonable to grant the extension of time.

Consequently, the Tribunal granted XQTJ's application for an extension of time, extending the period for lodging an application for review to 12 April 2023.