VID784/2024 – Kant – Notice of a Constitutional Matter under s78B Judiciary Act 1903 (06 August 2024)

Details of Filing

Document Lodged: Notice of a Constitutional Matter under s78B Judiciary Act 1903 – Form 18 – Rule 8.11(2)
Court of Filing FEDERAL COURT OF AUSTRALIA (FCA)
Date of Lodgment: 6/08/2024 2:55:07 PM AEST
Date Accepted for Filing: 13/08/2024 12:01:23 PM AEST
File Number: VID784/2024
File Title: JAN MAREK KANT v THE NATIONAL ANTI-CORRUPTION COMMISSIONER
Registry: VICTORIA REGISTRY – FEDERAL COURT OF AUSTRALIA

Form 18
Rule 8.11(2)

Notice of a Constitutional matter under section 78B of the Judiciary Act 1903

No. of 20

Federal Court of Australia
District Registry: Victoria
Division: General

JAN MAREK KANT
Applicant

THE NATIONAL ANTI-CORRUPTION COMMISSIONER
Respondent

The Applicant gives notice that the proceeding involves a matter arising under the Constitution or involving its interpretation within the meaning of section 78B of the Judiciary Act 1903.

Nature of Constitutional matter
The proceeding is judicial review of a decision under Freedom of Information Act 1982 to refuse access to records concerning evaluation and decision-making by the National Anti-Corruption Commission in relation to information it received about a possible corruption issue.

Facts showing that section 78B Judiciary Act 1903 applies

1. a posteriori sections 47C, 47E, 47F & 93A Freedom of Information Act 1982 are ultra vires the Constitution.

Date: 06 August 2024

Signed by Jan Marek Kant
Applicant