Allison v Google LLC [2021] FCA 186

Allison v Google LLC [2021] FCA 186

The requirements under r 10.43(3) and (4) of the Federal Court Rules 2011 (Cth) are satisfied, as shown by affidavit evidence and the context of the application. Leave to serve Google LLC outside Australia by registered post in accordance with the Hague Service Convention is justified.

Jurisdiction
Australia
Judgment Date
01 March 2021
Procedural Posture
Application for Preliminary Discovery / Interlocutory Application for Leave to Serve Originating Application Outside Australia
Outcome
Leave granted to serve originating application outside Australia. Directions given for filing and service of materials and hearing date.
Legal Topics
['service of Originating Application Outside Australia' 'preliminary Discovery' 'hague Service Convention']
['practice and Procedure'] ['service of Originating Application Outside Australia' 'preliminary Discovery' 'hague Service Convention']

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Procedural Posture

Application for Preliminary Discovery / Interlocutory Application for Leave to Serve Originating Application Outside Australia

Legal Issues

  1. 1 ['Whether applicant should be granted leave to serve the originating application for preliminary discovery outside Australia under r 10.43 of the Federal Court Rules 2011 (Cth)']

Ratio Decidendi

The requirements under r 10.43(3) and (4) of the Federal Court Rules 2011 (Cth) are satisfied, as shown by affidavit evidence and the context of the application. Leave to serve Google LLC outside Australia by registered post in accordance with the Hague Service Convention is justified.

Court Disposition

Leave granted to serve originating application outside Australia. Directions given for filing and service of materials and hearing date.

Orders

  • ['Applicant has leave to serve the originating application on Google LLC in the United States of America in the manner specified.' 'Applicant to provide specified affidavits and this order to the respondent by registered post.' 'Originating application to be listed for final hearing at 10.15 am on 23 March 2021 in...