SECI06202/2023 – Kant – Writ (25 December 2023)

FORM 5A

Rule 5.02(1)

IN THE SUPREME COURT OF VICTORIA AT MELBOURNE
COMMON LAW DIVISION
PROFESSIONAL LIABILITY LIST

No.

BETWEEN

JAN MAREK KANT
Plaintiff

-and-

THE FEDERAL COURT OF AUSTRALIA
Defendant

WRIT

Date of Document: 25 December 2023
Filed on behalf of: The Plaintiff Telephone: 0450 827 208
Prepared by: The Plaintiff Email: jmjarosz01@gmail.com
3/33 Bewdley Street
Ormond VIC 3204

TO THE DEFENDANT

TAKE NOTICE that this proceeding has been brought against you by the plaintiff for the claim set out in this writ.

IF YOU INTEND TO DEFEND the proceeding, or if you have a claim against the plaintiff which you wish to have taken into account at the trial, YOU MUST GIVE NOTICE of your intention by filing an appearance within the proper time for appearance stated below.

YOU OR YOUR SOLICITOR may file the appearance. An appearance is filed by-

(a) filing a “Notice of Appearance” with the Prothonotary by submitting the Notice of Appearance for filing electronically in RedCrest or in person at the Principal Registry, 450 Little Bourke Street, Melbourne. See www.supremecourt.vic.gov.au; and

(b) on the day you file the Notice, serving a copy, sealed by the Court, at the plaintiff’s address for service, which is set out at the end of this writ.

IF YOU FAIL to file an appearance within the proper time, the plaintiff may OBTAIN JUDGMENT AGAINST YOU on the claim without further notice.

*THE PROPER TIME TO FILE AN APPEARANCE is as follows-

(a) where you are served with the writ in Victoria, within 10 days after service;

(b) where you are served with the writ out of Victoria and in another part of Australia, within 21 days after service;

(c) where you are served with the writ in Papua New Guinea, within 28 days after service;

(d) where you are served with the writ in New Zealand under Part 2 of the Trans-Tasman Proceedings Act 2010 of the Commonwealth, within 30 working days (within the meaning of that Act) after service or, if a shorter or longer period has been fixed by the Court under section 13(1)(b) of that Act, the period so fixed;

(e) in any other case, within 42 days after service of the writ.

IF the plaintiff claims a debt only and you pay that debt, namely, $ and $ for legal costs to the plaintiff or the plaintiff’s solicitor within the proper time for appearance, this proceeding will come to an end. Notwithstanding the payment you may have the costs taxed by the Court.

FILED

Prothonotary

THIS WRIT is to be served within one year from the date it is filed or within such further period as the Court orders.

INDORSEMENT OF CLAIM

  1. The Defendant unlawfully made orders that interfered unreasonably with the rights of the Plaintiff.
  2. The Plaintiff has suffered loss.
  3. The Supreme Court has jurisdiction in this matter.
  4. The Plaintiff seeks orders terminating the Defendant.
  5. The Plaintiff claims damages against the Commonwealth.
  6. The Plaintiff seeks the award of costs or damages in lieu.
  1. Place of trial-
    Melbourne
  2. Mode of trial-
    Judge sitting alone
  3. This writ was filed-
    by the plaintiff in person;
  4. The address of the plaintiff is-
    3/33 Bewdley Street, Ormond VIC 3204
  5. The address for service of the plaintiff is-
    3/33 Bewdley Street, Ormond VIC 3204
  6. The email address for service of the plaintiff is-
    jmjarosz01@gmail.com
  7. The address of the defendant is-
    Level 34, 600 Bourke Street, Melbourne VIC 3000