Australian Competition and Consumer Commission v Google LLC [2020] FCA 1563

Australian Competition and Consumer Commission v Google LLC [2020] FCA 1563

The Court ordered discovery of categories of documents where direct relevance to the pleaded issues was established, especially internal Google documents and communications about location history and related settings, including those that might constitute admissions or evidence about Google's internal understanding of its representations, but refused discovery where the likely burden and timing considerations outweighed the potential benefit or where relevance was not established.

Jurisdiction
Australia
Judgment Date
15 October 2020
Procedural Posture
Interlocutory Application for Discovery / Application for Discovery Orders Made on Interlocutory Application
Outcome
Discovery application granted in part and dismissed in part.
Legal Topics
['discovery' 'relevance of Evidence' 'timetabling Orders']
['practice and Procedure' 'commercial Law'] ['discovery' 'relevance of Evidence' 'timetabling Orders']

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Procedural Posture

Interlocutory Application for Discovery / Application for Discovery Orders Made on Interlocutory Application

Legal Issues

  1. 1 ['Whether the discovery categories sought are directly relevant within the meaning of r 20.14 of the Federal Court Rules 2011 (Cth)' 'Whether delay in bringing the discovery application justified refusing discovery' "Whether documents such as internal communications and data related to Google's location tracking settings are relevant to the issues in the proceedings"]

Ratio Decidendi

The Court ordered discovery of categories of documents where direct relevance to the pleaded issues was established, especially internal Google documents and communications about location history and related settings, including those that might constitute admissions or evidence about Google's internal understanding of its representations, but refused discovery where the likely burden and timing considerations outweighed the potential benefit or where relevance was not established.

Court Disposition

Discovery application granted in part and dismissed in part.

Orders

  • ['Respondents to provide discovery of Categories 1 to 7 by 22 October 2020.' 'Respondents to provide to applicant copies of documents referred to in Categories 9 to 24, 28, 29, 31, 32, 34 to 41 and 49 in unsealed form by 20 October 2020 (with possible redactions for privilege).' 'Respondents to provide discovery of...