VID829/2023 – Kant – Interlocutory Application (18 July 2024)

NOTICE OF FILING AND HEARING

Filing and Hearing Details

Document Lodged: Interlocutory Application – Form 35 – Rule 17.01(1)(a)
Court of Filing: FEDERAL COURT OF AUSTRALIA (FCA)
Date of Lodgment: 18/07/2024 5:24:16 PM AEST
Date Accepted for Filing: 23/07/2024 8:33:58 AM AEST
File Number: VID829/2023
File Title: JAN MAREK KANT v THE AUSTRALIAN INFORMATION COMMISSIONER
Registry: VICTORIA REGISTRY – FEDERAL COURT OF AUSTRALIA
Reason for Listing: To Be Advised
Time and date for hearing: To Be Advised
Place: To Be Advised

Form 35
Rule 17.01(1)

Amended Interlocutory application

No. VID829/2023

Federal Court of Australia
District Registry: Victoria
Division: General

JAN MAREK KANT
Applicant

THE AUSTRALIAN INFORMATION COMMISSIONER
Respondent

To the Respondent

The Applicant applies for the interlocutory orders set out in this application.

The Court will hear this application, or make orders for the conduct of the proceeding, at the time and place stated below. If you or your lawyer do not attend, then the Court may make orders in your absence.

Time and date for hearing:
Place:

The Court ordered that the time for serving this application be abridged to
Date:

Signed by an officer
of the District Registrar

Interlocutory orders sought

  1. The Respondent is to investigate the alleged interference with the rights of the Applicant as are recognised in the International Covenant on Civil and Political Rights (ICCPR).
  2. The Respondent is to find, secure, and make discoverable all information about said interference, coordinating with the government bodies identified in the Applicant’s 22 Aug 2023 letter except National Anti-Corruption Commission (NACC).
  3. The Respondent is to refrain taking action pursuant to (1) and (2), unless and until the Applicant requests the Respondent to commence doing so.
  4. Further orders as mentioned in Applicant’s Submissions dated 12 Mar 2024, including all of:
    a. An order causing that no person may intervene or be otherwise joined as a party to this proceeding except on further application by the Applicant; and,
    b. An order causing this proceeding, except so much of it as relates to costs or damages in lieu thereof, be stayed pending further application by the Applicant; and,
    c. An order causing this proceeding, except so much of it as relates to costs or damages in lieu thereof, be transferred to the Supreme Court of Victoria; and,
    d. An order withdrawing the directions which limit authorities in this proceeding to those at legislation.gov.au.
  5. The Judge’s Reasons for judgement in the Interlocutory application are to be published; or if the Interlocutory application is decided by a Registrar, the Registrar’s Reasons for decision are to be published.
  6. The costs of the interlocutory application are reserved.

Service on the Respondent
It is intended to serve this application on the Respondent.

3

Date: 22 June 2024
Date: 18 July 2024

Signed by Jan Marek Kant
Applicant

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