Seven Consulting Pty Ltd v Google LLC [2021] FCA 203

Seven Consulting Pty Ltd v Google LLC [2021] FCA 203

The applicants satisfied the prerequisites of r 10.43 for service outside Australia, including jurisdiction, the type of proceeding, the evidence of a prima facie case, and compliance with the Hague Service Convention, justifying leave to serve Google LLC by international registered post.

Parties
First Prospective Applicant: Seven Consulting Pty Ltd; Second Prospective Applicant: Declan Boylan; Prospective Respondent: Google LLC
Jurisdiction
Australia
Judgment Date
11 March 2021
Procedural Posture
Application for Leave to Serve Originating Application for Preliminary Discovery Outside Australia / Interlocutory (application for Leave to Serve Outside Jurisdiction)
Outcome
Leave to serve originating application and supporting documents outside Australia granted; costs reserved; further case management hearing directed.
Legal Topics
Preliminary Discovery, Service Outside Jurisdiction, Hague Service Convention
Practice and Procedure Preliminary Discovery Service Outside Jurisdiction Hague Service Convention

Case Brief

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Parties

Seven Consulting Pty Ltd

First Prospective Applicant

Declan Boylan

Second Prospective Applicant

Google LLC

Prospective Respondent

Procedural Posture

Application for Leave to Serve Originating Application for Preliminary Discovery Outside Australia / Interlocutory (application for Leave to Serve Outside Jurisdiction)

Legal Issues

  1. 1 Whether the requirements of Federal Court Rules 2011 (Cth) rr 10.41 to 10.43 are met for service outside Australia
  2. 2 Whether service by post is permissible under the Hague Service Convention
  3. 3 Whether the Court has jurisdiction to order preliminary discovery in this context

Ratio Decidendi

The applicants satisfied the prerequisites of r 10.43 for service outside Australia, including jurisdiction, the type of proceeding, the evidence of a prima facie case, and compliance with the Hague Service Convention, justifying leave to serve Google LLC by international registered post.

Court Disposition

Leave to serve originating application and supporting documents outside Australia granted; costs reserved; further case management hearing directed.

Orders

  • Leave granted to serve originating application and supporting documents on Google LLC in USA by international registered post in accordance with Art. 10(a) of the Hague Service Convention.
  • Costs reserved.