Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Kandola v Google LLC [2021] FCA 1262 File number(s): NSD 865 of 2021
Judgment of: CHEESEMAN J
Date of judgment: 14 October 2021
Catchwords: PRACTICE AND PROCEDURE – application for leave to serve originating application on first prospective respondent seeking preliminary discovery out of jurisdiction pursuant to rr 10.42 and 10.43 of the Federal Court Rules 2011 (Cth) – where prospective applicants also seek orders for substituted service by email due to delays arising from COVID-19 pandemic – whether the proceedings are of the kind stipulated by the rules – whether requirements of rr 10.42 and 10.43 have been met – whether the prospective applicants have a prima facie case for all or any of the relief claimed – whether substituted service ought to be granted – Held: leave granted to serve first prospective respondent outside of jurisdiction – orders for substituted service refused. PRACTICE AND PROCEDURE – application for preliminary discovery pursuant to r 7.22 of the Federal Court Rules 2011 (Cth) – where prospective second respondent neither consents nor opposes to the making of an order for preliminary discovery against it – where the only issue to address is costs pursuant to r 7.29 of the rules – timetabling orders made in respect of costs and preliminary discovery against the prospective second respondent.
Legislation: Federal Court Rules 2011 (Cth), rr 7.22, 10.42, 10.43
Cases cited: Lin v Google LLC [2021] FCA 1113
Division: General Division
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