SECI06202/2023 – Supreme Court of Victoria – Refusal (03 January 2024)
IN THE SUPREME COURT OF VICTORIA AT MELBOURNE
COMMON LAW DIVISION
S ECI 2023 06202
IN THE MATTER of a proposed proceeding
B E T W E E N:
Jan Marek Kant
Applicant
- and –
The Federal Court of Australia
Proposed Defendant
REFUSAL
OFFICER:
M Ciavarella
Deputy Prothonotary
DATE MADE:
3 January 2024
SUBJECT:
Application by the proposed plaintiff filed on 25 December 2023 and reviewed pursuant to Rule 28A.04(2) of the Supreme Court (General Civil Procedure) Rules 2015.
Upon reading and assessing the proposed document/s of the applicant, the Deputy Prothonotary has rejected the documents and refused to seal them because, if sealed, they would be substantially irregular
Reasons for refusal
- In this proposed Writ the plaintiff has named the Federal Court of Australia as the proposed defendant and claims they have unlawfully made orders that interfered unreasonably with his rights. Mr Kant seeks orders to terminate the defendant and claims damages against the Commonwealth and costs or damages in lieu.
- The Supreme Court of Victoria is not conferred with jurisdiction to hear appeals or reviews against decisions made in the Federal Court of Australia, nor to terminate the Federal Court of Australia. Whilst this proceeding is not framed as an appeal or review as such, it is substantially irregular as the Federal Court of Australia is not a jurisdiction capable of being named as a defendant to a Writ proceeding in this court.
- To the extent that the Federal Court ha s made a decision which the proposed plaintiff is aggrieved by, he is encouraged to investigate appeal or review options and seek legal advice.
- This proposed writ is refused pursuant to r28A.04(2).
PROTHONOTARY