VID528/2024 – Kant – Draft Notice of Appeal (12 June 2024)

Form 122
Rules 36.01(1)(b); 36.01(1)(c)

Notice of appeal

No. of 20

Federal Court of Australia
District Registry: Victoria
Division: General

On appeal from the Federal Court

JAN MAREK KANT
Appellant

THE AUSTRALIAN INFORMATION COMMISSIONER
Respondent

To the Respondent

The Appellant appeals from the judgment as set out in this notice of appeal.

Time and date for hearing:
Place:
Date:

Signed by an officer acting with the authority of the District Registrar

The Appellant appeals from all of the orders of the Federal Court given on 11 June 2024 at Melbourne.

The appeal is brought by leave of the Court granted on [date]. A copy of the order giving leave is annexed to this notice.

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Grounds of appeal

  1. Chapter III of the Constitution guarantees the rights and freedoms recognised in the International Covenant on Civil and Political Rights while Australia remains a State Party to it.
  2. Australian Privacy Principle 12 extends a constitutional right to privacy.
  3. Australian Privacy Principle 12 may be invoked to undertake a “fishing expedition”.
  4. Enforcement of Australian Privacy Principle 12 with grant of injunction does not require a request for access to information be made before an injunction is sought.
  5. Affirming dismissal of the application for suppression orders requires that declaratory orders are made.

Orders sought

  1. An order declaring no information about VID829/2023 or an appeal arising out of VID829/2023, nor document filed in VID829/2023 or an appeal arising out of VID829/2023, can become subject to a suppression or non-publication order (however described) that limits its dissemination otherwise than is necessary for protecting the safety of one or more natural persons who would otherwise be identifiable.
  2. An injunction requiring the Respondent produce to the Appellant all information about the Appellant as is reasonably accessible to the Office of the Australian Information Commissioner.
  3. An order reserving the costs of the interlocutory application originally filed 23 December 2023.

Appellant’s address

The Appellant’s address for service is:
Place: 3/33 Bewdley Street, Ormond VIC 3204
Email: jmjarosz01@gmail.com
The Appellant’s address is 3/33 Bewdley Street, Ormond VIC 3204.

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Service on the Respondent

It is intended to serve this application on all Respondents.

Drafted: 12 June 2024

Signed by Jan Marek Kant
Appellant