YJDX and Child Support Registrar (Child support second review)

This matter concerned an application for an extension of time to seek a second review by the Administrative Appeals Tribunal (AAT) of a decision made by the Child Support Registrar. The applicant sought to review the Registrar's decision to refuse an extension of time to lodge an objection to an assessment issued in 2015. The AAT had previously refused the applicant's request for an extension of time for the first review.

The primary legal issue before the Tribunal was whether to grant an extension of time for the applicant to lodge an application for a second review. In determining this, the Tribunal was required to consider the principles established in *Hunter Valley Developments Pty Ltd v Cohen, Minister for Home Affairs and Environment* and subsequent case law, which outline a range of factors relevant to the exercise of discretion in granting extensions of time. These factors include the prima facie rule against entertaining proceedings commenced outside prescribed periods, the importance of an explanation for delay (though not a pre-condition), actions taken by the applicant, prejudice to the respondent, and crucially, the merits of the substantive application.

The Tribunal applied the principles from *Hunter Valley* and *Brown v Federal Commissioner of Taxation*, noting that the prescribed time limits are not to be ignored and that the justice of the case requires consideration of all relevant factors. The Tribunal found that the substantive application, which sought to review the refusal to grant an extension of time to lodge an objection, had no prospects of success. Consequently, the Tribunal concluded that it would be futile to grant an extension of time for the applicant to lodge an application to review the objection officer's decision, as this would also be a futile exercise.

Accordingly, the Tribunal affirmed the AAT's previous decision made on 12 June 2020, which refused the applicant's request for an extension of time for the AAT first review of the Child Support Registrar's decision.