Victorian Political Prisoner Julian Knight on 23rd May 2023 formally lodged an Application for Relief against the Defence Force Ombudsman in the Federal Court of Australia in the State of Victoria Division registry(where he is incarcerated) under Section 39B Judiciary Act 1903 – Form 69 – Rule 31.11(1). Court File No. VID of 2023.
Applicant: Julian Knight
Respondent: (Australian Commonwealth) Defence Force Ombudsman
Details of Claim:
“On the grounds stated in the statement of claim, accompanying affidavit or other document prescribed by the Rules, the Applicant applies for the following relief under s.39B(l ) of the Judiciary Act 1903:
1. The Applicant seeks from the Court a writ of mandamus ordering the Respondent to assess the Applicant’s application for a reparation payment made pursuant to the Defence Abuse Reparation Scheme administered according to the Ombudsman Regulations 2017 (Cth) (the Regulations), on the grounds that the decision of the Respondent on 21 March 2023 was an improper exercise of the delegated power, in that it was a breach of s.5(1)(e) of the Administrative Decisions Judicial Review Act 1977 (Cth) (the Act), being that the decision was the application of a rule or policy without regard to the merits of the complaint (in breach of s.5(2)(f)of the Act), and the Respondent’s decision constituted an error of law on the face of the record, in breach of s.5(1)(f) of the Act, in that the Respondent wrongly found that the Applicant’s previous complaint to the Defence Abuse Response Taskforce had been ‘dealt with’ in the context of s.5 of the Regulations.
2. In the alternative, the Applicant seeks a declaration pursuant to s.21 of the Federal Court of Australia Act 1976 (Cth) that a complaint to the Defence Force Abuse Response Taskforce has only been ‘dealt with’ in the context of s.5 of the Ombudsman Regulations 2017 (Cth) if the complaint process was completed by the DART [Defence Abuse Response Taskforce].
Signed by Applicant”
Two subsequent Court Orders pertaining to the scheduled deadlines for submissions by the two parties pertinent to this case:
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Anyone who has enlisted in the ADF in any role, to serve their nation – decorated combat service personnel, non-decorated combat service personnel, non-combatants, peacekeepers, trainees, graduates, veterans or otherwise, has a right to challenge any abuse at the hands of their superiors.
Julian Knight is one such ADF enlistee. Julian was accepted into the Australian Regular Armys Royal Military College because he passed all tests deeming suitable to become an Army Officer. Holddle Street hap[ppend as a direct result of him enduring physical and psychotic torment under Duntroon’s institutional sadistic bastardisation training culture by successive senior staff cadets upon junior staff cadets since Duntroon’s founding back in 1911. Nothing’s improved nor is set to improve anytime soon.
Julian knows he committed evil in Hoddle Street. He confessed immediately on that night. He has expressed his remorse to the victims and to society on many occasions. He has served out his criminal time in prisons beyond his parole date of 2014.
Hoddle Street would never have happened if it had not been for Duntroon’s bastardisation of Knight. Duntroon is yet to be held culpable.
