Yemini v Twitter International Company [2022] FCA 318

Yemini v Twitter International Company [2022] FCA 318

Leave was granted for service outside Australia via international registered post because all requirements of rr 10.42 and 10.43 of the Federal Court Rules 2011 (Cth) were satisfied and service via the Hague Convention is available. Leave for substituted service via email was refused because service by email is not permitted by the Hague Convention and the applicant provided no evidence justifying substituted service.

Parties
Prospective Applicant: Avraham Yemini; First Prospective Respondent: Twitter International Company; Second Prospective Respondent: Twitter Inc.
Jurisdiction
Australia
Judgment Date
31 March 2022
Procedural Posture
Application for Leave to Serve Originating Application for Preliminary Discovery Outside Australia / Interlocutory Application Determined on the Papers
Outcome
Leave to serve outside Australia granted; leave for substituted service via email refused; costs reserved
Legal Topics
Preliminary Discovery, Service Outside Australia, Substituted Service, Hague Convention
Practice and Procedure Preliminary Discovery Service Outside Australia Substituted Service Hague Convention

Case Brief

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Parties

Avraham Yemini

Prospective Applicant

Twitter International Company

First Prospective Respondent

Twitter Inc.

Second Prospective Respondent

Procedural Posture

Application for Leave to Serve Originating Application for Preliminary Discovery Outside Australia / Interlocutory Application Determined on the Papers

Legal Issues

  1. 1 Whether leave should be granted to serve the originating application for preliminary discovery outside Australia under Div 10.4 of the Federal Court Rules 2011 (Cth)
  2. 2 Whether leave should be granted for substituted service via email

Ratio Decidendi

Leave was granted for service outside Australia via international registered post because all requirements of rr 10.42 and 10.43 of the Federal Court Rules 2011 (Cth) were satisfied and service via the Hague Convention is available. Leave for substituted service via email was refused because service by email is not permitted by the Hague Convention and the applicant provided no evidence justifying substituted service.

Court Disposition

Leave to serve outside Australia granted; leave for substituted service via email refused; costs reserved

Orders

  • Leave granted to serve originating application, affidavit, and orders on the respondents in the USA and Ireland by international registered post in accordance with Article 10(a) of the Hague Convention
  • Costs reserved