Barilaro v Shanks-Markovina (No 1) [2021] FCA 789

Barilaro v Shanks-Markovina (No 1) [2021] FCA 789

Leave to serve Google LLC out of the jurisdiction was granted because the alleged internet publications were said to have been viewed in the Australian Capital Territory, giving rise to a defamation cause of action in Australia; the admitted imputations in the first matter complained of supported a prima facie case that the imputations were defamatory and that Google LLC was a publisher; Google LLC was a proper or necessary party; and service by registered post at its California address was an appropriate means of service under the Hague Convention.

Jurisdiction
Australia
Judgment Date
09 July 2021
Procedural Posture
Defamation Proceeding; Application for Leave to Serve the Second Respondent Out of the Jurisdiction / Case Management Hearing and Interlocutory Orders
Outcome
Leave granted to serve the second respondent in the United States of America; timetabling orders made for interlocutory issues involving the first respondent.
Legal Topics
['service Out of the Jurisdiction' 'federal Court Rules 2011 Rr 10.42 and 10.43' 'hague Convention Service' 'internet Publication' 'prima Facie Case for Relief' 'publisher Liability in Defamation']
['practice and Procedure' 'defamation' 'private International Law'] ['service Out of the Jurisdiction' 'federal Court Rules 2011 Rr 10.42 and 10.43' 'hague Convention Service' 'internet Publication' 'prima Facie Case for Relief' 'publisher Liability in Defamation']

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Procedural Posture

Defamation Proceeding; Application for Leave to Serve the Second Respondent Out of the Jurisdiction / Case Management Hearing and Interlocutory Orders

Legal Issues

  1. 1 ['Whether the applicant should be granted leave under Federal Court Rules 2011 rr 10.42 and 10.43 to serve Google LLC in the United States of America.' 'Whether the proceeding was based on a cause of action arising in Australia because the alleged defamatory material on YouTube was downloaded and published in Australia.' 'Whether the applicant had shown a prima facie case for relief against Google LLC as a publisher of the matters complained of.' 'Whether service on Google LLC by registered post at its California address was an appropriate method of service under the Hague Convention.']

Ratio Decidendi

Leave to serve Google LLC out of the jurisdiction was granted because the alleged internet publications were said to have been viewed in the Australian Capital Territory, giving rise to a defamation cause of action in Australia; the admitted imputations in the first matter complained of supported a prima facie case that the imputations were defamatory and that Google LLC was a publisher; Google LLC was a proper or necessary party; and service by registered post at its California address was an appropriate means of service under the Hague Convention.

Court Disposition

Leave granted to serve the second respondent in the United States of America; timetabling orders made for interlocutory issues involving the first respondent.

Orders

  • ['On or before 16 July 2021, the first respondent file and serve an interlocutory application seeking an extension of time in which to file his defence, any strike-out or stay of the proceeding in respect of the imputations in paragraphs 9(a), (b) and (c) of the statement of claim, and for the proceeding to be heard...