Kant v Australian Information Commissioner (No 2)

FEDERAL COURT OF AUSTRALIA

Kant v Australian Information Commissioner (No 2) [2025] FCA 76

File number:

VID 829 of 2023

Judgment of:

SNADEN J

Date of judgment:

12 February 2025

Catchwords:

PRACTICE AND PROCEDURE – interlocutory application filed by the applicant seeking orders for, inter alia, discovery, transfer and stay of proceedings – where applicant is self-represented – where remaining orders sought include orders preventing intervention and joinder except on application by applicant – whether discovery application constitutes a “fishing expedition” – whether application for stay of proceeding supported by evidence – whether proceeding is sufficiently connected to Supreme Court of Victoria proceedings to justify transfer –whether costs of application be reserved – application dismissed.

Legislation:

Federal Court of Australia Act 1976 (Cth) s 23

Judiciary Act 1903 (Cth) s 55ZG(2)

Jurisdiction of Courts (Cross-vesting) Act 1987 (Cth) s 5(4)

Federal Court Rules 2011 (Cth) rr 9.03, 9.05, 9.12, 27.21

Legal Services Directions 2017 (Cth)

Cases cited:

Civil & Civic Corporation Pty Ltd v Nova Builders Pty Ltd [2022] FCA 1515

Groves v Commissioner of Taxation [2011] FCA 222

Kant v Australian Information Commissioner [2024] FCA 599

Roadshow Films Pty Ltd v iiNet Ltd (2011) 248 CLR 37

Trade Practices Commission v CC (New South Wales) Pty Ltd (No 4) (1995) 58 FCR 426

Division:

General Division

Registry:

Victoria

National Practice Area:

Administrative and Constitutional Law and Human Rights

Number of paragraphs:

47

Date of last submissions:

20 October 2024

Date of hearing:

Determined on the papers

Counsel for the Applicant:

The applicant was self-represented

Counsel for the Respondent:

Ms K McInnes

Solicitor for the Respondent:

Australian Government Solicitor

ORDERS

VID 829 of 2023

BETWEEN:

JAN MAREK KANT

Applicant

AND:

AUSTRALIAN INFORMATION COMMISSIONER

Respondent

ORDER MADE BY:	SNADEN J
DATE OF ORDER:	12 FEBRUARY 2025

THE COURT ORDERS THAT:

1.The applicant’s amended interlocutory application dated 18 July 2024 be dismissed.

2.The applicant pay the respondent’s costs of the interlocutory application, to be assessed in default of agreement in accordance with the court’s Costs Practice Note (GPN-COSTS).

Note:   Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.

REASONS FOR JUDGMENT

SNADEN J:

1. By an amended interlocutory application dated 18 July 2024 (hereafter, the “Application”), the applicant, Mr Kant, seeks an assortment of orders as against the respondent, the Australian Information Commissioner (the “AIC”).  For the reasons that follow, the Application should and will be dismissed.

2. The present proceeding commenced on 6 October 2023 by way of originating application.  That application has been amended, most recently on 24 January 2024.  In Kant v Australian Information Commissioner [2024] FCA 599, [1] (“Kant”), I summarised as follows the species of final relief for which Mr Kant moves (emphasis original):

   1.…In its current form, the further amended originating application discloses that the relief that is sought is:

   (1)     an investigation by the respondent into “interference, by multiple regulated entities, with my rights as prescribed by the International Covenant on Civil…