YJDX and Child Support Registrar (Child support second review)

This matter concerned an application by the Applicant to be joined as a party to proceedings before the Administrative Appeals Tribunal (AAT) concerning a child support assessment. The Applicant sought to review a decision of the AAT to refuse him an extension of time to seek review of a decision made by the Child Support Registrar. The Other Party, the Applicant's ex-wife and the recipient of child support payments, sought to be made a party to the proceedings.

The primary legal issue before Deputy President Boyle was whether the Other Party was a "person whose interests are affected by the decision" under section 30(1A) of the *Administrative Appeals Tribunal Act 1975* (Cth), thereby permitting her to be joined as a party. This required the Tribunal to consider the nature of the decision under review and its potential impact on the Other Party.

The Tribunal reasoned that any proceedings impacting the child support assessment, including decisions about reviewing such assessments, would directly affect the Other Party and the children of the marriage. The Applicant's own submissions, which referred to communications between himself and the Other Party and alluded to her conduct, further demonstrated that her interests were engaged. The Tribunal also considered that the Other Party's participation would not unduly delay the proceedings. Applying the principles from *Carter and Australian Securities and Investments Commission* and *Johnson and Commissioner of Patents*, the Tribunal determined that its role was to reconsider the original decision, and in doing so, it was appropriate to allow a party whose interests were clearly affected to participate.

Consequently, the Tribunal ordered that the Other Party be made a party to the proceedings pursuant to section 30(1A) of the *Administrative Appeals Tribunal Act 1975* (Cth).