Kukulka v Google LLC [2020] FCA 1229

Kukulka v Google LLC [2020] FCA 1229

Leave to serve Google LLC outside Australia by email was appropriate because service by international registered post was likely to be delayed or impractical during the COVID-19 pandemic, the documents were likely to come to Google's attention at internationalcivil@google.com, and service was made conditional on Google acknowledging receipt. The Court was also satisfied that it had jurisdiction, that the proceeding arose in Australia for r 10.42 purposes, and that there may be a prima facie entitlement to preliminary discovery to identify the prospective respondent to a defamation claim.

Jurisdiction
Australia
Judgment Date
25 August 2020
Procedural Posture
Application to Serve an Originating Application Seeking Preliminary Discovery Outside Australia / Leave Application Under Federal Court Rules 2011 (cth) Rr 10.42, 10.43 and 10.44
Outcome
Leave granted to serve the originating application and accompanying documents on Google LLC in the United States of America by email, conditional upon acknowledgement of receipt.
Legal Topics
['service Outside Australia' 'substituted Service by Email' 'preliminary Discovery' 'hague Service Convention' 'prima Facie Case for Relief']
['practice and Procedure' 'civil Procedure' 'defamation' 'private International Service'] ['service Outside Australia' 'substituted Service by Email' 'preliminary Discovery' 'hague Service Convention' 'prima Facie Case for Relief']

Case Brief

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Procedural Posture

Application to Serve an Originating Application Seeking Preliminary Discovery Outside Australia / Leave Application Under Federal Court Rules 2011 (cth) Rr 10.42, 10.43 and 10.44

Legal Issues

  1. 1 ['Whether the proposed method of service by email on Google LLC in the United States should be permitted as substituted service.' 'Whether the Court had jurisdiction in the proceeding.' 'Whether the proceeding was of a kind mentioned in r 10.42 of the Federal Court Rules 2011 (Cth).' 'Whether the Prospective Applicant had a prima facie case for preliminary discovery under r 7.22.']

Ratio Decidendi

Leave to serve Google LLC outside Australia by email was appropriate because service by international registered post was likely to be delayed or impractical during the COVID-19 pandemic, the documents were likely to come to Google's attention at internationalcivil@google.com, and service was made conditional on Google acknowledging receipt. The Court was also satisfied that it had jurisdiction, that the proceeding arose in Australia for r 10.42 purposes, and that there may be a prima facie entitlement to preliminary discovery to identify the prospective respondent to a defamation claim.

Court Disposition

Leave granted to serve the originating application and accompanying documents on Google LLC in the United States of America by email, conditional upon acknowledgement of receipt.

Orders

  • ['Pursuant to rr 10.42, 10.43 and 10.44 of the Federal Court Rules 2011 (Cth) the Prospective Applicant has leave to serve the originating application filed on 22 June 2020, the affidavit of Mark Stanarevic affirmed on 22 June 2020, the affidavit of Michael Kukulka affirmed on 10 August 2020, and a copy of this...