Federal Court of Australia
Federal Court of Australia
Kukulka v Google LLC [2020] FCA 1229 File number(s): VID 419 of 2020
Judgment of: ANASTASSIOU J
Date of judgment: 25 August 2020
Catchwords: PRACTICE AND PROCEDURE – application to serve originating application seeking preliminary discovery outside Australia pursuant to Federal Court Rules 2011 (Cth) rr 10.41 to 10.44 – proposed method of service by email – whether the proceeding is of a kind mentioned in r 10.42 – whether the prospective applicant has a prima facie case for all or any of the relief claimed
Legislation: Federal Court Rules 2011 (Cth) rr 1.34, 7.22, 10.24, 10.41, 10.42, 10.43, 10.44, 10.49 Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters. Opened for signature 15 November 1965. Entered into on 1 November 2010. Articles 5, 10
Cases cited: AIA Australia Ltd v Richards [2017] FCA 84 Australian Information Commission v Facebook Inc [2020] FCA 531 Hooper v Kirella Pty Ltd [1999] FCA 1584; (1999) 96 FCR 1 Humane Society International Inc v Kyodo Senpaku Kaisha Ltd [2006] FCAFC 116; (2006) 154 FCR 425 Kabbabe v Google LLC [2020] FCA 126 Taylor v Network Ten (Perth) Pty Ltd [1999] WASC 264
Division: General Division
Registry: Victoria
National Practice Area: Other Federal Jurisdiction
Number of paragraphs: 26
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