VID1173/2024 – Kant – Notice of Intention to Adduce Coincidence Evidence (22 April 2025)

NOTICE OF FILING

Details of Filing

Document Lodged: Notice of Intention to Adduce Coincidence Evidence – Form 65 – Rule 30.32
Court of Filing FEDERAL COURT OF AUSTRALIA (FCA)
Date of Lodgment: 22/04/2025 7:03:01 PM AEST
Date Accepted for Filing: 29/04/2025 12:58:15 PM AEST
File Number: VID1173/2024
File Title: JAN MAREK KANT v COMMISSIONER OF TAXATION
Registry: VICTORIA REGISTRY – FEDERAL COURT OF AUSTRALIA

Form 65
Rule 30.32

Notice of intention to adduce coincidence evidence

No. 1173 of 2024

Federal Court of Australia
District Registry: Victoria
Division: General

JAN MAREK KANT
Applicant

COMMISSIONER OF TAXATION
Respondent

To: Commissioner of Taxation
I, Jan Marek Kant, give notice, under subsection 98(1) of the Evidence Act 1995, that I intend to adduce evidence of the occurrence of 2 or more related events to prove that, because of the improbability of the events occurring coincidentally, the Commissioner of Taxation, did a particular act or had a particular state of mind.

Evidence required

  1. The content of the 29 Oct 2024 Affidavit of Jan Marek Kant and exhibits thereto.
  2. The content of the 07 Nov 2024 Affidavit of Service of Jan Marek Kant.
  3. The content of the 11 Apr 2025 Affidavit of Michael Wright and exhibits thereto.
  4. The content of the 11 Apr 2025 Submissions filed by the Respondent.

Evidence to establish improbability

  1. The nature of materials produced by the Respondent for his application for summary judgment is not amenable to rational explanation without imputing improper motive to him.
  2. The Respondent attempted to cause the 23 Aug 2024 FOI Act request to resemble a matter concerning his administration of tax law after learning of the Applicant s intention to seek remedy in law against him.

2

  1. The Respondent fabricated evidence with the intention of misleading the Court in this proceeding.
  2. The Respondent sought to pervert or defeat the course of justice in the matter.

Date: 22 April 2025

Signed by Jan Marek Kant
Applicant

Download