Luck v Secretary of Services Australia [2022] FCAFC 195

FEDERAL COURT OF AUSTRALIA

Luck v Secretary of Services Australia [2022] FCAFC 195 Appeal from: Luck v Secretary of the Department of Human Services (No 4) [2016] FCA 950

File number(s): VID 1044 of 2016

Judgment of: FARRELL, SARAH C DERRINGTON AND RAPER JJ

Date of judgment: 5 December 2022

Catchwords: BANKRUPTCY – Effect of bankruptcy on proceedings –Commencement of appeal by bankrupt before sequestration – Stay of proceedings until election by trustee – Whether proceedings deemed abandoned – Proceedings for judicial review of decision by Administrative Appeals Tribunal relating to documents sought under Freedom of Information Act 1982 (Cth) – Whether proceedings to vindicate breach of human rights – Whether proceedings in respect of "any personal injury or wrong" within s 60(4) Bankruptcy Act 1966 (Cth)

Legislation: Administrative Appeals Tribunal Act 1975 (Cth), ss 2A, 27A, 37(1), 44 Administrative Decisions (Judicial Review) Act 1977 (Cth), s 5 Australian Human Rights Commission Act 1986 (Cth), ss 46PO(3A), (4)(d), Pt IIB Bankruptcy Act 1966 (Cth), ss 60, 116(2)(g) Disability Discrimination Act 1992 (Cth) Federal Court Act 1976 (Cth), s 25(2B) Freedom of Information Act 1982 (Cth), ss 3, 11, 28, 55 Judiciary Act 1903 (Cth), ss 40, 78B Privacy Act 1988 (Cth), s 36(1), Pts VI, VIB Convention on the Rights of Persons with Disabilities. Opened for signature 13 December 2006, 2515 UNTS 3 (entered into force 3 May 2009) International Covenant on Civil and Political Rights. Opened for signature 16 December 1966, 999 UNTS 171 (entered into force 23 March 1976