Federal Court of Australia
Federal Court of Australia
Colagrande v Telstra Corporation Limited [2020] FCA 1595 File number: QUD 301 of 2020
Judgment of: DERRINGTON J
Date of judgment: 4 November 2020
Catchwords: PRACTICE AND PROCEDURE – application for preliminary disclosure pursuant to r 7.22 of the Federal Court Rules 2011 (Cth) – where reviewer wrote allegedly defamatory review – where identity of reviewer unknown – where IP address of reviewer known – where respondent is the internet service provider associated with the IP address – where circumstances justify making of order for preliminary discovery
Legislation: Jurisdiction of Courts (Cross-Vesting) Act 1987 (Cth) Federal Court Rules 2011 (Cth), r 7.22, r 7.25 Defamation Act 2005 (Qld)
Cases cited: Allphones Retail Pty Ltd v Australian Competition and Consumer Commission (2009) 259 ALR 354 Bailey v Bottrill (No 2) [2019] ACTSC 167 Boyd v Automattic Inc [2019] FCA 86 Dow Jones & Company Inc v Gutnick (2002) 210 CLR 575 Google Inc v Duffy (2017) 129 SASR 304 Hooper v Kirella (1999) 96 FCR 1 Kabbabe v Google LLC [2020] FCA 126 Kukulka v Google LLC [2020] FCA 1229 Levis v MacDonald (1997) 75 FCR 36 R v Colagrande [2019] 1 Qd R 241 Rana v Google Inc (2017) 254 FCR 1
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