VID829/2023 – Kant – Notice of Intention to Adduce Coincidence Evidence (22 November 2023)

Details of Filing

Document Lodged: Notice of Intention to Adduce Coincidence Evidence – Form 65 – Rule 30.32
Court of Filing FEDERAL COURT OF AUSTRALIA (FCA)
Date of Lodgment: 22/11/2023 5:16:45 PM AEDT
Date Accepted for Filing: 23/11/2 023 10:59:38 AM AEDT
File Number: VID829/2023
File Title: JAN MAREK KANT v THE AUSTRALIAN INFORMATION COMMISSIONER
Registry: VICTORIA REGISTRY – FEDERAL COURT OF AUSTRALIA

Form 65
Rule 30.32

Notice of intention to adduce coincidence evidence
No. VID829 of 2023
Federal Court of Australia
District Registry: Victoria
Division: General Division

JAN MAREK KANT
Applicant

THE AUSTRALIAN INFORMATION COMMISSIONER
Respondent

To: The Australian Information Commissioner

I, Jan Marek Kant, give notice, under subsection 98(1) of the Evidence Act 1995, that I intend to adduce evidence of the occurrence of 2 or more related events to prove that, because of the improbability of the events occurring coincidentally, the Office of the Australian Information Commissioner, did a particular act or had a particular state of mind.

Evidence required
Intent, on the part of the Office of the Australian Information Commissioner, to seek judgement against the Respondent is seen on examination of:

  1. Correspondence between the Applicant and the Office of the Australian Information Commissioner, as received by the Court on 25/09/2023 and filed in this proceeding.
  2. Correspondence between the Applicant and solicitor for the Respondent on 21 November 2023 and documents attached to the correspondence.
  3. Further evidentiary material as necessary, if the Respondent does not admit intent.

Note: On the application of a party in a criminal proceeding, the court may make an order, on the terms it considers appropriate, directing the notifying party to disclose the address of a person named in a notice referred to in subsection 98(1) of the Evidence Act 1995.

Evidence to establish improbability

  1. Evidence relied on to establish the improbability of events having occurred coincidently exists in relevant legislation.

The respondent in this matter seeks judgment in favour of the applicant.

Date: 22 November 2023

Signed by Jan Marek Kant
Applicant

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