Kant – Application (17 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
Applicant

and

HIGH COURT OF AUSTRALIA
Respondent

APPLICATION

To: The Respondent

The Applicant makes application for:

  1. A direction under s.32 Judiciary Act 1903 causing the second application (filed together with the present application) to be determined without notice to the Defendant; and,
  2. A direction under s.32 Judiciary Act 1903 causing the Writ of Summons (filed together with the present application) to be sealed, reserving all questions as to the adequacy of particulars and the naming of Defendants, and a substantive proceeding to commence accordingly.
  3. If the Court orders all as in items 1 & 2:
    a. A Rule 2.02 order dispensing with compliance with Rule 9.01.1 insofar as it requires personal service of the Writ of Summons otherwise than upon a person appointed to receive service in accordance with s.63 Judiciary Act 1903; and,
    b. A Rule 2.02 order dispensing with compliance with Rule 13.02.2 insofar as it applies to the present application; and,
    c. A Rule 2.02 order dispensing with compliance with Rule 20.01.1 insofar as it may otherwise apply in this proceeding; and,
    d. A Rule 2.02 order dispensing with compliance with Rule 22.01.1 insofar as it may otherwise apply in this proceeding; and,

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e. A Rule 2.02 order dispensing with compliance with all Rules 25.01 – 25.02 insofar as these may otherwise apply in the proceeding; and,
f. A Rule 2.02 order dispensing with compliance with Rule 25.03 insofar as it may otherwise apply to the present application; and,
g. A Rule 2.02 order dispensing with compliance with Rule 25.03 insofar as it may otherwise apply to the Writ of Summons; and,
h. A Rule 2.02 order dispensing with compliance with Rule 25.04.1 insofar as it may otherwise apply to the present application; and,
i. A Rule 2.02 order dispensing with compliance with Rule 25.05.1 insofar as it may otherwise apply in the proceeding; and,
j. A Rule 2.02 order dispensing with compliance with Rule 25.05.2 insofar as it may otherwise apply in the proceeding; and,
k. A Rule 2.02 order dispensing with compliance with Rule 25.09.3 insofar as it requires the Applicant/Plaintiff to attend before the court; and,
l. A Rule 2.02 order dispensing with compliance with all Rules 25.13 – 25.17 insofar as these may otherwise apply in the proceeding.

  1. If the Court orders all as in items 1 – 3, A Rule 51.01 order reserving the costs of
    the present application; or otherwise,
  2. If the Court does not order all as in items 1 – 3, an order for costs in the amount of $0.
  3. An order causing the present application to be considered and determined by a Full Court under s.32 Judiciary Act 1903; or,
  4. Alternatively: An order causing the present application to be considered and determined by a Full Court under 75(i) of the Constitution as by extension of Article 2 of the Optional Protocol to the International Covenant on Civil and Political Rights.
  5. An order under Civil Procedure Act 2010 causing that the present and second applications are determined without them being listed for hearing; or,
  6. Alternatively: An order under s.32 Judiciary Act 1903 causing that the present applications are determined without them being listed for hearing; or,
  7. Alternatively: An order under s.80 Judiciary Act 1903 causing that the present applications are determined without them being listed for hearing; or,
  8. Alternatively: An order under the common law causing that the present applications are determined without them being listed for hearing.

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  1. If the Court does not order all as in items 1 – 3, an order under Open Courts Act 2013 causing the Court’s Reasons for decision, in respect of every order and direction sought in the present application, to be published together with reference to each numbered item in the second application and also with reference to each numbered item in the Writ of Summons; or,
  2. Alternatively: If the Court does not order all as in items 1 – 3, an order under Open Courts Act 2013 causing the Court’s Reasons for decision, in respect of every order and direction sought in the present application, to be published together with reference to each numbered item in the second application and also with reference to each numbered item in the Writ of Summons; or,
  3. Alternatively: If the Court does not order all as in items 1 – 3, an order under Part XXA Judiciary Act 1903 causing the Court’s Reasons for decision, in respect of every order and direction sought in the present application, to be published together with reference to each numbered item in the second application and also with reference to each numbered item in the Writ of Summons; or,
  4. Alternatively: If the Court does not order all as in items 1 – 3, an order under s.80 Judiciary Act 1903 causing the Court’s Reasons for decision, in respect of every order and direction sought in the present application, to be published together with reference to each numbered item in the second application and also with reference to each numbered item in the Writ of Summons; or,
  5. Alternatively: If the Court does not order all as in items 1 – 3, an order under the common law causing the Court’s Reasons for decision, in respect of every order and direction sought in the present application, to be published together with reference to each numbered item in the second application and also with reference to each numbered item in the Writ of Summons.
  6. If the grounds on which any of the orders or directions 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 and/or directions are sought before the present application is considered; or,
  7. Alternatively: If the grounds on which any of the orders or directions sought in the present application are not self-evident, a direction, under 75(i) of the Constitution as 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 or directions are sought before the present application is considered.

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

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Dated 17 April 2024

Applicant