Sydney Criminal Lawyers v Google LLC [2021] FCA 297

Sydney Criminal Lawyers v Google LLC [2021] FCA 297

The applicant satisfied all criteria under r 10.43 for leave to serve outside Australia, including the existence of a prima facie case for preliminary discovery, and service by international registered post in accordance with Article 10(a) of the Hague Service Convention is permissible as the USA does not object. Leave was granted to serve the originating application and supporting documents outside Australia.

Jurisdiction
Australia
Judgment Date
29 March 2021
Procedural Posture
Application for Preliminary Discovery / Application for Leave to Serve Originating Application Outside Australia
Outcome
leave granted to serve originating application outside Australia
Legal Topics
['preliminary Discovery' 'service Outside Australia' 'hague Service Convention']
['practice and Procedure'] ['preliminary Discovery' 'service Outside Australia' 'hague Service Convention']

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Procedural Posture

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

Legal Issues

  1. 1 ['Whether leave should be granted to serve an originating application seeking preliminary discovery outside Australia under the Federal Court Rules 2011 rr 10.41-10.43' 'Whether the applicant satisfies the criteria under r 10.43 for service outside Australia' 'Whether service by post under the Hague Service Convention is permissible']

Ratio Decidendi

The applicant satisfied all criteria under r 10.43 for leave to serve outside Australia, including the existence of a prima facie case for preliminary discovery, and service by international registered post in accordance with Article 10(a) of the Hague Service Convention is permissible as the USA does not object. Leave was granted to serve the originating application and supporting documents outside Australia.

Court Disposition

leave granted to serve originating application outside Australia

Orders

  • ['Leave granted to serve the originating application, affidavits, and a copy of the order upon Google LLC in the United States of America by international registered post in accordance with Article 10(a) of the Hague Service Convention.' 'No order as to costs.' 'The matter listed for a case management hearing on 27...