Zerba and Child Support Registrar (Child support)

This matter concerned an application made by Ms Zerba to the Administrative Appeals Tribunal (AAT) for an extension of time to seek a review of a decision made by the Child Support Registrar. The Registrar's decision, which partially allowed Ms Zerba's objection to a child support assessment, was made on 31 May 2022. Ms Zerba lodged her application for review with the AAT on 6 April 2023, significantly outside the prescribed 28-day period, and therefore also sought an extension of time.

The primary legal issue before the AAT was whether to grant Ms Zerba an extension of time to lodge her application for review. This required the Tribunal to consider the principles governing the exercise of discretion to extend time, as established in cases such as *Hunter Valley Developments Pty Ltd v Cohen* and *Mulheron and Australian Telecommunications Corporation*. These principles involve balancing various factors, including the reasons for the delay, the merits of the substantive application, prejudice to the other party, and wider public interest considerations.

The Tribunal found that Ms Zerba had not provided a satisfactory explanation for the substantial delay of 282 days in lodging her application. While acknowledging Ms Zerba's ongoing communication with Child Support regarding her financial circumstances and travel costs, the Tribunal determined that she had "rested on her rights" by continuing to provide information to Child Support rather than lodging a formal review application with the AAT. Furthermore, the Tribunal considered that the substantive merits of Ms Zerba's potential review application were limited, as the objections officer had already considered and partially allowed her objection, and no new information suggested a more favourable outcome. The Tribunal also found that granting an extension would cause prejudice to the other party and to community expectations regarding the finality of administrative decisions.

Consequently, the Tribunal refused Ms Zerba's application for an extension of time.