M65/2023 – High Court of Australia – Transcript (15 September 2023)

HIGH COURT OF AUSTRALIA

NOTICE OF FILING

This document was filed electronically in the High Court of Australia on 15 Sep 2023 and has been accepted for filing under the High Court Rules 2004. Details of filing and important additional information are provided below.

Details of Filing

File Number: M65/2023
File Title: In the matter of an application by Jan Marek Kant for leave to i
Registry: Melbourne
Document filed: Transcript
Filing party: HCA
Date filed: 15 Sep 2023

Important Information

This Notice has been inserted as the cover page of the document which has been accepted for filing electronically. It is now taken to be part of that document for the purposes of the proceeding in the Court and contains important information for all parties to that proceeding. It must be included in the document served on each of those parties and whenever the document is reproduced for use by the Court.

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M65/2023

[2023] HCATrans 128

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
Melbourne
No M65 of 2023

In the matter of –
an application by JAN MAREK KANT for leave to issue or file

KIEFEL CJ

TRANSCRIPT OF PROCEEDINGS

AT CANBERRA ON FRIDAY, 15 SEPTEMBER 2023, AT 3.31 PM

Kant
1
15/9/23

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M65/2023

HER HONOUR: Pursuant to rules 6.07.3 and 13.03.1 of the High Court Rules 2004 (Cth), I refuse the application filed on 4 September 2023 for leave to issue or file an application for a constitutional or other writ. I publish my reasons and direct that those be incorporated into the transcript.

The order of the Court is:

The ex parte application filed on 4 September 2023 for leave to issue or file an application for a constitutional or other writ

10 is refused.

I publish that order.
On 30 August 2023 the applicant sought to file an application against

15 the Commissioner of the Australian Federal Police seeking a writ of habeas corpus and orders, which included: an order releasing him from the effect of all control orders and similar instruments issued against him; an order prohibiting covert experimentation with the plaintiff by public officials; an order making available to him all information the Commonwealth has about

20 control orders and similar instruments issued against him; and an order for the award of damages in respect of his arbitrary detention. On 31 August 2023 Jagot J, pursuant to r 6.07.2 of the High Court Rules 2004 (Cth), directed the Registrar to refuse to issue or file this document without the leave of a Justice first had and obtained by the applicant. The applicant

25 now seeks that leave by way of an ex parte application, filed on 4 September 2023, pursuant to r 6.07.3 of the High Court Rules.

It must be noted at the outset that it is not at all clear whether the applicant is the subject of any control order or is in any form of detention as

30 a result. No such order is provided with the application. The applicant says that he has “reason to believe that he is presently held in detention” and suspects that his detention has effect by force of a control order issued under the Criminal Code (Cth). On the other hand his application does suggest that there has been some form of hearing in relation to control

35 orders. He says he was not afforded the opportunity to make submissions at such a hearing and that it should have been a trial.

Even if one were to assume that the applicant is subject to some form of control order, the terms of which are unknown, no basis for a writ of

40 habeas corpus or other constitutional writ is shown. Apart from listing various provisions of the Constitution, the application goes no way to explaining what the applicant’s argument might be. His reference to s 80 in the context of a control order is inapt.

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45 The application for constitutional writs is incomprehensible and constitutes an abuse of the processes of the Court within r 6.07.1. I will order that the ex parte application filed on 4 September 2023 be refused.

AT 10.31 AM THE MATTER WAS CONCLUDED

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