XQVK and Child Support Registrar (Child support second review)

This matter concerned an application for an extension of time to lodge an application for a child support second review, brought before the Administrative Appeals Tribunal. The applicant, XQVK, sought to extend the time for filing, having delayed for approximately 14 months beyond the prescribed period. The Child Support Registrar was the respondent.

The primary legal issue before the Tribunal was whether to grant an extension of time for the applicant to lodge their application for a child support second review. This required the Tribunal to consider the reasonableness of the explanation provided for the significant delay, the potential prejudice to the other party, and the merits of the substantive application itself.

In reaching its decision, the Tribunal applied principles derived from authorities such as *Hunter Valley* and *Brisbane South*. The Tribunal found that the 14-month delay in lodging the extension of time application was not adequately explained. Furthermore, the Tribunal considered the prejudice that would be occasioned to the other party by granting the extension. The Tribunal also noted the potential for the substantive application to involve the calculation of "one-off blocks," which it considered might be of "trivial" net outcome, thereby impacting the public interest in the expeditious disposal of matters. Consequently, the Tribunal determined that the public interest favoured the refusal of the extension.

The Tribunal refused the application for an extension of time.