VID829/2023 – Kant – Originating Application (24 January 2024)
NOTICE OF FILING AND HEARING
Filing and Hearing Details
Document Lodged: Originating Application for Relief Under Section 39B Judiciary Act 1903 – Form 69 – Rule 31.11(1)
Court of Filing: FEDERAL COURT OF AUSTRALIA (FCA)
Date of Lodgment: 24/01/2024 4:27:23 PM AEDT
Date Accepted for Filing: 25/01/2024 8:46:29 AM AEDT
File Number: VID829/2023
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 69
Rule 31.11(1)
Amended originating application for relief under section 39B Judiciary Act 1903
No. of 2023
Federal Court of Australia
District Registry: Victoria
Division: General Division
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
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Details of claim
On the grounds stated in the statement of claim, accompanying affidavit or other document prescribed by the Rules, the Applicant applies for the following relief under section 39B of the Judiciary Act 1903:
- Investigation by the Information Commissioner of the matter described in the applicant’s letter sent on 22 August 2023.
- Further action by the Information Commissioner as described in the applicant’s letter sent on 22 August 2023, as amended to omit the original first reference to NACC on its second page and with the same reinserted immediately under the subsequent reference to IBAC.
- Orders commanding the Information Commissioner to refrain from taking action as in (1) or (2), unless and until the Applicant requests the Information Commissioner to commence doing so.
- Damages, including exemplary damages, claimed against the Commonwealth in respect of tortious conduct of intentional nature in mens rea.
- Further damages in lieu of costs.
PARTICULARS
i. The grounds for review are as given in the Applicant’s correspondence with Office of the Australian Information Commissioner (OAIC).
ii. The OAIC intentionally narrowed the issue in dispute to a position which is doomed to fail.
iii. The OAIC declined to revise their position and informed the Applicant of a right to seek judicial review when he brought the error-of-law to their attention.
iv. The Respondent intentionally coerced the Applicant’s continuing participation in this matter with implied threat of costs on discontinuance.
v. The Respondent committed tortious abuse of process.
vi. The Respondent attempted serious interference with the privacy of the Applicant.
vii. The Respondent knew, or ought to have known, his or her attempt to continue this proceeding without continuing voluntary consent of the Applicant to constitute serious interference with his privacy.
viii. The Respondent acted in his or her capacity as officer of the Commonwealth.
ix. The Commonwealth is directly liable in tort.
Applicant’s address
The Applicant’s address for service is:
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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.
Date: 22 September 2023
Signed by Jan Marek Kant
Applicant
on 27 December 2023
on 24 January 2024