Federal Court of Australia
Federal Court of Australia
Kant v Australian Information Commissioner [2024] FCA 599 File number: VID 829 of 2023
Judgment of: SNADEN J
Date of judgment: 11 June 2024
Catchwords: ADMINISTRATIVE LAW – review of a decision of a registrar – review of decision to dismiss application seeking interlocutory relief – hearing de novo – decision affirmed
Legislation: Federal Court of Australia Act 1976 (Cth) s 35A Judiciary Act 1903 (Cth) s 39B Privacy Act 1988 (Cth) ss 6, 15, 80W Regulatory Powers (Standard Provisions) Act 2014 (Cth) ss 121, 122
Cases cited: Australian Broadcasting Corporation v O'Neill (2006) 227 CLR 57 Totev v Sfar and Anor (2008) 167 FCR 193 Zdrilic and Anor v Hickie and Anor (2016) 246 FCR 532
Division: General Division
Registry: Victoria
National Practice Area: Administrative and Constitutional Law and Human Rights
Number of paragraphs: 28
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: THE AUSTRALIAN INFORMATION COMMISSIONER Respondent
order made by: SNADEN J DATE OF ORDER: 11 june 2024
THE COURT ORDERS THAT:
1. The orders of Registrar Luxton that are the subject of the applicant's interlocutory application originally filed 23 December 2023 be affirmed. 2. The applicant's interlocutory application originally filed 23 December 2023 otherwise be dismissed. 3. The applicant pay the respondent's costs of and pertaining to that 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.
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