VID829/2023 – Federal Court of Australia – Order (20 December 2023)
Federal Court of Australia
District Registry: Victoria
Division: General
No: VID829/2023
JAN MAREK KANT
Applicant
THE AUSTRALIAN INFORMATION COMMISSIONER
Respondent
ORDER
REGISTRAR: JUDICIAL REGISTRAR LUXTON
DATE OF ORDER: 20 December 2023
WHERE MADE: Melbourne
THE COURT ORDERS THAT:
- The interlocutory applications filed on 22 and 26 November 2023 are dismissed.
- The case management hearing is adjourned to 19 April 2024 at 10:00am.
- The applicant file and serve an amended application giving particulars of the application, including any grounds of review in relation to the decision of the respondent dated 12 September 2023, by 9 February 2024.
- The respondent file and serve a bundle of relevant documents by 23 February 2024.
- The applicant file and serve submissions (not exceeding 10 pages in length) and a list of authorities by 15 March 2024.
- The respondent file and serve submissions (not exceeding 10 pages in length) and a list of authorities by 5 April 2024.
- Costs are reserved.
Date that entry is stamped: 20 December 2023
Subsection 35A (5) of the Federal Court of Australia Act 1976 (the Act) provides that a party to proceedings in which a Registrar has exercised any of the powers of the Court under subsection 35A (1) of the Act may, within the time prescribed by the Rules of Court, or within any further time allowed in accordance with the Rules of Court, apply to the Court to review that exercise of power.
Rule 3.11 provides that a party may apply to the Court under subsection 35A (5) of the Act for review of the exercise of a power of the Court by a Registrar and that any application must be made within 21 days after the day on which the power was exercised. A party seeking a review can apply to the Court to dispense with any requirement of the Rules (Rule 1.34).