Federal Court of Australia
Federal Court of Australia
Heath v LawTap Pty Ltd [2021] FCA 485 File number: VID 124 of 2021
Judgment of: MORTIMER J
Date of judgment: 10 May 2021
Catchwords: PRACTICE AND PROCEDURE – application for preliminary discovery pursuant to r 7.22 of the Federal Court Rules 2011 (Cth) – allegedly defamatory comments made online – respondent filed submitting notice pursuant to r 12.01(1) of the Rules – application granted
Legislation: Federal Court Rules 2011 (Cth) rr 7.22, 7.23, 7.27, 7.28, 12.01(1)
Cases cited: Hooper and Others v Kirella Pty Ltd [1999] FCA 1584; 96 FCR 1 Kabbabe v Google LLC [2020] FCA 126 McCrae v Reynolds [2015] FCA 529
Division: General Division
Registry: Victoria
National Practice Area: Other Federal Jurisdiction
Number of paragraphs: 15
Date of last submission/s: 4 May 2021
Date of hearing: 6 May 2021
Counsel for the Prospective Applicant: Mr Jeffrey G Levine
Solicitor for the Prospective Applicant: Mr Mark Stanarevic of Matrix Legal
ORDERS VID 124 of 2021
BETWEEN: CRAIG HEATH Prospective Applicant
AND: LAWTAP PTY LTD Respondent
order made by: MORTIMER J DATE OF ORDER: 10 May 2021
THE COURT ORDERS THAT:
1. On or before 4pm on 9 June 2021, or such further or other time as the Court may order, LawTap Pty Ltd give preliminary discovery, by affidavit, of all documents which are or have been in its control relating to the identification of the description (as defined in the Dictionary to the Federal Court Rules 2011 (Cth)), by name, address or any other form of contact details, of the presently unknown person or persons who posted comments or statements in the thread located at the URL set out at [5] of the affidavit of Mr Mark Stanarevic sworn 7 May 2021 and which is reproduced as Annexure MS-2 to that affidavit. 2. Preliminary discovery pursuant to order 1 is limited to documents relating to the identification of the description of the presently unknown person or persons who posted comments or statements between 1 February 2020 and the date of these orders. 3. Preliminary discovery and inspection pursuant to order 1 is to be given in accordance with rr 7.22(2)(c), 7.27 and 7.28 of the Rules. 4. Liberty to apply on 48 hours' notice to amend, vary or substitute the orders made. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
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