Federal Court of Australia
Federal Court of Australia
Allison v Google LLC [2021] FCA 186 File number: QUD 398 of 2020
Judgment of: RANGIAH J
Date of judgment: 1 March 2021
Catchwords: PRACTICE AND PROCEDURE – Federal Court Rules 2011 (Cth) r 10.43 – application for leave to serve originating application for preliminary discovery outside Australia – service in accordance with the Hague Service Convention – leave granted
Legislation: Federal Court Rules 2011 (Cth) rr 7.22, 10.42 and 10.43
Cases cited: Kabbabe v Google LLC [2020] FCA 126 Kukulka v Google LLC [2020] FCA 1229
Division: General Division
Registry: Queensland
National Practice Area: Other Federal Jurisdiction
Number of paragraphs: 10
Date of hearing: 1 March 2021
Counsel for the Prospective Applicant: Mr D Keane
Solicitor for the Prospective Applicant: Delaney & Delaney
Counsel for the Prospective Respondent: The Prospective Respondent did not appear
ORDERS QUD 398 of 2020
BETWEEN: SCOTT DOUGLAS ALLISON Prospective Applicant
AND: GOOGLE LLC Prospective Respondent
order made by: RANGIAH J DATE OF ORDER: 1 MARCH 2021
THE COURT ORDERS THAT:
1. Pursuant to r 10.43 of the Federal Court Rules 2011 (Cth), the applicant has leave to serve the originating application filed 23 December 2020 upon the respondent in the United States of America, in accordance with Article 10(a) of the "Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters" concluded at The Hague on 15 November 1965, by sending it by international registered post, with an acknowledgement of receipt to be provided to the applicant, to the respondent's address at: Google LLC C/O Custodian of Records 1600 Amphitheatre Parkway Mountain View, California, 94043 United States of America 2. The applicant is to provide a copy of the following material to the respondent by sending it to the respondent in the same manner described in order 1: (a) the affidavit of Scott Douglas Allison filed 23 December 2020; (b) the affidavit of Julia Frances Marler filed 23 December 2020; (c) the affidavit of Julia Frances Marler filed 24 February 2021; and (d) a copy of this order. 3. The originating application be listed for final hearing at 10.15 am on 23 March 2021 in Brisbane. 4. The applicant file written submissions (not exceeding 10 pages) in support of the originating application by 4.00 pm on 15 March 2021 and serve the submissions in the same manner described in order 1, or at any address for service provided by the respondent. 5. The parties have liberty to apply. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
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