Storry & Anor v Chief Executive, Department of Justice and Attorney General

[2024] QCA 22

Queensland Court of Appeal

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Interrogate

Catchwords

1. Appeal
2. › Procedure
3. › Queensland
4. › Time for appeal
5. › Extension of time
6. › Whether extension should be granted
7. › Factors including length of delay, explanation for delay, and arguable error of law
8. › Queensland Civil and Administrative Tribunal Act 2009 (Qld), s 150(3)
1. Practice and Procedure
2. › Summary dismissal
3. › Disciplinary proceedings
4. › Whether case ought to have been determined summarily
5. › Whether factually complex proceedings suitable for summary disposal under s 47
6. › Queensland Civil and Administrative Tribunal Act 2009 (Qld), s 47
1. Bankruptcy
2. › Stay of proceedings
3. › Action commenced before bankruptcy
4. › Exception for personal injury or wrong done to bankrupt
5. › Whether disciplinary proceedings fall within exception
6. › Bankruptcy Act 1966 (Cth), ss 60(2), 60(4)

Quick Take

There is an arguable basis, supported by Fisher v Transport for NSW and two Full Federal Court decisions, that disciplinary proceedings against bankrupts may fall within the s 60(4) exception to the bankruptcy stay, though this was not finally determined.