Kant – Application (12 April 2024)

Form 21 – Application
Note: see rule 6.06.1, 13.02.1, 21.09.4, 23.03.4, 27.06.2, 27.07.6, 32.01.2 and 57.05.2.

IN THE HIGH COURT OF AUSTRALIA
MELBOURNE REGISTRY

BETWEEN: JAN MAREK KANT
Plaintiff

and

DIRECTOR-GENERAL OF SECURITY
Defendant

APPLICATION

The Plaintiff makes application for:

1. An interlocutory order voiding s.17AA Australian Security Intelligence Organisation Act 1979.
2. An interlocutory order voiding s.17A Australian Security Intelligence Organisation Act 1979.
3. An interlocutory order voiding s.18 Australian Security Intelligence Organisation Act 1979.
4. An interlocutory order voiding s.18A Australian Security Intelligence Organisation Act 1979.
5. An interlocutory order voiding s.18B Australian Security Intelligence Organisation Act 1979.
6. An interlocutory order voiding all of Division 4 of Part III Australian Security Intelligence Organisation Act 1979.
7. An interlocutory order voiding all of Part IV Australian Security Intelligence Organisation Act 1979.
8. An interlocutory order voiding all of Part IVA Australian Security Intelligence Organisation Act 1979.

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9. An order declaring all things done in connexion with this proceeding not to cause the Plaintiff to be entered into a contract, agreement or arrangement with ASIO.
10. An order declaring s.18 Australian Security Intelligence Organisation Act 1979 permanently of no effect insofar as it applies to communication of any information or matter by the Plaintiff.
11. An order declaring s.18A Australian Security Intelligence Organisation Act 1979 permanently of no effect insofar as it applies to any relevant conduct engaged in by the Plaintiff.
12. An order declaring s.18B Australian Security Intelligence Organisation Act 1979 permanently of no effect insofar as it applies if information or matter has come to the knowledge or into the possession of the Plaintiff or to any record of the information or matter.
13. An order declaring s.35P Australian Security Intelligence Organisation Act 1979 permanently of no effect insofar as it applies to any information disclosed by the Plaintiff.
14. An order declaring s.92 Australian Security Intelligence Organisation Act 1979 permanently of no effect insofar as it applies to any matter published, caused to be published, or otherwise made public by the Plaintiff.
15. An interlocutory order under Open Courts Act 2013 causing that no information
    given or produced in or for this proceeding can, before the proceeding ends, become subject of a suppression or non-publication order (however described) that limits its dissemination; or,
16. Alternatively: An interlocutory order under Part XXA Judiciary Act 1903 causing that no information given or produced in or for this proceeding can, before the proceeding ends, become subject of a suppression or non-publication order (however described) that limits its dissemination; or,
17. Alternatively: An interlocutory order under s.80 Judiciary Act 1903 causing that no information given or produced in or for this proceeding can, before the proceeding ends, become subject of a suppression or non-publication order (however described) that limits its dissemination; or,
18. Alternatively: An interlocutory order, under the common law, causing that no information given or produced in or for this proceeding can, before the proceeding

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ends, become subject of a suppression or non-publication order (however described) that limits its dissemination.

19. A Rule 51.01 order reserving the costs of the present application.
20. An order causing the present application to be considered and determined by a Full Court under s.32 Judiciary Act 1903; or,
21. Alternatively: An order causing the present application to be considered and determined by a Full Court under 75(i) of the Constitution by extension of Article 2 of the Optional Protocol to the International Covenant on Civil and Political Rights.
22. Unless the court orders all as in items 1 to 18, an order staying the substantive proceeding until further application by the Plaintiff.
23. An order under Open Courts Act 2013 causing publication of the Court’s Reasons for decision in respect of each order sought in this application and any submissions made by the Plaintiff; or,
24. Alternatively: An order under Part XXA of Judiciary Act 1903 causing publication of the Court’s Reasons for decision in respect of each order sought in this application and any submissions made by the Plaintiff; or,
25. Alternatively: An order under s.80 Judiciary Act 1903 causing publication of the Court’s Reasons for decision in respect of each order sought in this application and any submissions made by the Plaintiff; or,
26. Alternatively: An order under the common law of Australia causing publication of
    the Court’s Reasons for decision in respect of each order sought in this application and any submissions made by the Plaintiff.
27. If the grounds on which any of the orders sought in the present application are not self-evident, a direction, under s.32 Judiciary Act 1903, that the Applicant file written submissions as to grounds on which those orders are sought before the application is considered; or,
28. Alternatively: If the grounds on which any of the orders sought in the present application are not self-evident, a direction, under 75(i) of the Constitution by extension of Article 2 of the Optional Protocol to the International Covenant on Civil and Political Rights, that the Applicant file written submissions as to grounds on which those orders are sought before the application is considered.

The Applicant relies on the affidavit of Jan Marek Kant sworn or affirmed on 11 April 2024 filed in support of the application.

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Dated 12 April 2024

Applicant