VID528/2024 – Kant – Application for Leave to Appeal (12 June 2024)

NOTICE OF FILING AND HEARING

Filing and Hearing Details

Document Lodged: Application for Leave to Appeal – Form 117 – Rule 35.12(1)
Court of Filing: FEDERAL COURT OF AUSTRALIA (FCA)
Date of Lodgment: 12/06/2024 1:27:06 PM AEST
Date Accepted for Filing: 14/06/2024 4:53:46 PM AEST
File Number: VID528/2024
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 117
Rule 35.12(1)

Application for leave to appeal

No. of 20

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 relief 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.

You must file a notice of address for service (Form 10) in the Registry before attending Court or
taking any other steps in the proceeding.

Time and date for hearing:
Place:

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

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

2

The Applicant applies for leave to appeal from orders of SNADEN J given on 11 June 2024 at Melbourne.

Leave to appeal is required by 24(1A) Federal Court of Australia Act 1976.

Grounds of application

  1. The trial Judge omitted to consider submissions concerning orders sought on affirmation of dismissal of the 26 November 2023 interlocutory application.
  2. The trial Judge omitted to consider submissions concerning effects of ss.121 & 124 Regulatory Powers (Standard Provisions) Act 2014.

Other applications

  1. The Applicant wants to have the application considered without oral argument.

Accompanying documents

This application must be accompanied by the following:

  1. the judgment or order from which leave to appeal is brought;
  2. the reasons, if published, for the judgment or order;
  3. an affidavit stating the facts that support the application;
  4. a draft notice of appeal that complies with rules 36.01(1) and (2); and
  5. if the Applicant wants to have the application considered without oral argument – a statement to that effect.

Applicant’s address

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

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

3

Date: 12 June 2024

Signed by Jan Marek Kant
Applicant

[ [2024] FCA 599 enclosed in annexure ]