VID1173/2024 – Kant – Originating Application (28 October 2024)

NOTICE OF FILING AND HEARING

Filing and Hearing Details

Document Lodged: Originating Application – Form 15 – Rule 8.01(1)
Court of Filing: FEDERAL COURT OF AUSTRALIA (FCA)
Date of Lodgment: 28/10/2024 8:21:23 PM AEDT
Date Accepted for Filing: 31/10/2024 9:04:16 AM AEDT
File Number: VID1173/2024
File Title: JAN MAREK KANT v COMMISSIONER OF TAXATION
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 15
Rules 8.01(1); 8.04(1)

Originating application

No. of 20

Federal Court of Australia
District Registry: Victoria
Division: General

JAN MAREK KANT
Applicant

COMMISSIONER OF TAXATION
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

Details of claim

On the grounds stated in the statement of claim, accompanying affidavit or other document prescribed by the Rules, the Applicant claims:

  1. Ordinary damages – under 25(1) Privacy Act 1988 or s.80 Judiciary Act 1903 in the alternative; and,
  2. Exemplary damages in amount equal to sum tax revenue of the Commonwealth in the year ending 30 June 2024 – under 25(1) Privacy Act 1988 or 25A(2) Privacy Act 1988 or s.80 Judiciary Act 1903 in the alternative; and,
  3. A civil penalty order if necessary – under 82(3) Regulatory Powers (Standard Provisions) Act 2014.

Claim for interlocutory relief

The Applicant also claims interlocutory relief.

  1. A Rule 16.31 order that the proceeding is to continue on pleadings if the Respondent does not:
    a. apply for an order pursuant to subrule 13.01(1); or,
    b. file a notice of objection to competency; or,
    c. apply to the Court for the question of competency to be heard and determined before the hearing of the application.
  2. An order reserving the costs of interlocutory relief.

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 the Respondent.

Date: 28 October 2024

Signed by Jan Marek Kant
Applicant