Australia, June 3 -- New South Wales Land and Environment Court issued text of the following judgement on May 5:

1. The underlying proceedings concern a request to the respondent under the Government Information (Public Access) Act 2009 (NSW) (GIPA Act) for access to a call recording, call transcript and a complete Police incident report. The matter came to the tribunal for administrative review, pursuant to s 63 of the Administrative Decisions Review Act 1997 (NSW). The tribunal affirmed the respondent's decision: FVA v Commissioner of Police, NSW Police Force [2023] NSWCATAD 236. The appellant appealed to the Appeal Panel of the tribunal (the appeal) and was ultimately successful; whereupon the matter was remitted to the tribunal for reconsideration in accordance with the Appeal Panel's decision: FVA v Commissioner of Police, NSW Police Force [2024] NSWCATAP 127; FVA v Commissioner of Police, NSW Police Force (No 2) [2024] NSWCATAP 210.

2. This decision concerns an application for miscellaneous matters that was filed by the appellant on 3 April 2025, relating to the appeal (the miscellaneous application). The miscellaneous application sought costs and various other orders, including in relation to non-publication or non-disclosure orders, under s 64 of the Civil and Administrative Tribunal Act 2013 (NSW) (NCAT Act).

3. Shortly prior to the filing of the miscellaneous application, by order of Registrar Morgan of the Federal Circuit and Family Court of Australia (Division 2), the appellant's estate was sequestered under the Bankruptcy Act 1966 (Cth) and a trustee was appointed.

4. Section 60 of the Bankruptcy Act applies in cases where a bankrupt has commenced an action prior to their becoming a bankrupt. Section 60 applies to an "action", which is defined to mean "any civil proceeding".

5. Section 60 of the Bankruptcy Act relevantly provides:

(2) An action commenced by a person who subsequently becomes a bankrupt is, upon his or her becoming a bankrupt, stayed until the trustee makes election, in writing, to prosecute or discontinue the action.

(3) If the trustee does not make such an election within 28 days after notice of the action is served upon him or her by a defendant or other party to the action, he or she shall be deemed to have abandoned the action.

(4) Notwithstanding anything contained in this section, a bankrupt may continue, in his or her own name, an action commenced by him or her before he or she became a bankrupt in respect of:

(a) any personal injury or wrong done to the bankrupt, his or her spouse or de facto partner or a member of his or her family; or

(b) the death of his or her spouse or de facto partner or of a member of his or her family.

Note: See also subsection 5(6).

(4A) Notwithstanding paragraph (1)(b), this section does not empower the Court to stay any proceedings under a proceeds of crime law.

(5) In this section, action means any civil proceeding, whether at law or in equity.

6. There are several authorities that support the proposition that an "action", being "any civil proceeding", is not limited to proceedings that concern the property of the bankrupt and, relevantly, support the proposition that s 60 applies to administrative reviews, such as the underlying proceedings and, it would follow, the appeal. These include: Davey v Australian Electoral Commission & Ors [2014] AATA 355 at [16]-[23]; Muir v Angelas [2020] NSWSC 1056 at [63]-[72], [87], [90]; Re Lofthouse (2001) 107 FCR 151; [2001] FCA 25 at [19]-[20]; Deputy of the Commissioner of Taxation v Garrett [2015] VSC 347 at [19]; Fisher v Transport of NSW [2016] NSWSC 1888 (Fisher) at [9]-[11].

*Rest of the document can be viewed at: (https://www.caselaw.nsw.gov.au/decision/1968e702c1c299a519168293)

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