Kathryn Stanford Consulting PTE v Google LLC [2022] FCA 1049

Kathryn Stanford Consulting PTE v Google LLC [2022] FCA 1049

The applicant satisfied the requirements under rules 10.42 and 10.43 of the Federal Court Rules 2011 (Cth) and the Convention; service of the originating application for preliminary discovery outside Australia is permitted, and the method of service by international registered post is appropriate.

Jurisdiction
Australia
Judgment Date
07 September 2022
Procedural Posture
Interlocutory Application for Leave to Serve Outside Jurisdiction / Determination of Ex Parte Application for Service of Originating Application for Order for Discovery
Outcome
Application granted
Legal Topics
['service Outside Australia' 'preliminary Discovery' 'defamation' 'federal Court Rules Application' 'international Service of Documents']
['practice and Procedure'] ['service Outside Australia' 'preliminary Discovery' 'defamation' 'federal Court Rules Application' 'international Service of Documents']

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Procedural Posture

Interlocutory Application for Leave to Serve Outside Jurisdiction / Determination of Ex Parte Application for Service of Originating Application for Order for Discovery

Legal Issues

  1. 1 ['Whether the criteria under rules 10.42 and 10.43 of the Federal Court Rules 2011 (Cth) for leave to serve an originating application for preliminary discovery outside Australia are satisfied' 'Whether service by international registered post to Google LLC in the United States complies with the Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters']

Ratio Decidendi

The applicant satisfied the requirements under rules 10.42 and 10.43 of the Federal Court Rules 2011 (Cth) and the Convention; service of the originating application for preliminary discovery outside Australia is permitted, and the method of service by international registered post is appropriate.

Court Disposition

Application granted

Orders

  • ['Leave granted pursuant to rr 10.42 and 10.43 of the Federal Court Rules 2011 (Cth) for the applicant to serve the relevant documents on Google LLC in the United States via international registered post in accordance with the Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or...