Daley v Child Support Registrar [2019] FCA 1097

FEDERAL COURT OF AUSTRALIA

Daley v Child Support Registrar [2019] FCA 1097 File number: NSD 370 of 2019

Judge: ROBERTSON J

Date of judgment: 12 July 2019

Catchwords: ADMINISTRATIVE LAW – proceedings in the Federal Court of Australia commenced in March 2019 for judicial review of a decision by the Child Support Registrar made on 4 October 2006 – statutory 28 day time limit – refusal of an extension of time by the Registrar – application for review of that refusal in the Social Security Appeals Tribunal dismissed – whether an extension of time to commence proceedings in this Court should be granted under the Administrative Decisions (Judicial Review) Act 1977 (Cth) – whether discretion to grant relief under s 39B of the Judiciary Act 1903 (Cth) should be exercised in the applicant's favour

Legislation: 1 Administrative Decisions (Judicial Review) Act 1977 (Cth) 2 Child Support (Assessment) Act 1989 (Cth) 3 Child Support (Registration and Collection) Act 1988 (Cth) s 124A 4 Judiciary Act 1903 (Cth) Child Support Act 1991 (NZ) 5 Child Support (Registration and Collection) (Overseas-related Maintenance Obligations) Regulations 2000 (Cth)

Cases cited: Air Caledonie International v Commonwealth [1988] HCA 61; 165 CLR 462 Commonwealth v SCI Operations Pty Ltd (1998) 192 CLR 285 Davis v Insolvency and Trustee Service Australia [2010] FCAFC 141 Deputy Commissioner of Taxation v Brown (1958) 100 CLR 32 Luton v Lessels [2002] HCA 13; 210 CLR 333 Re Refugee Review Tribunal; Ex parte Aala [2000] HCA 57; 204 CLR 82 R v Commonwealth Court of Conciliation and Arbitration; Ex parte Ozone Theatres (Aust) Ltd (1949) 78 CLR 389