Federal Court of Australia
Federal Court of Australia
Musicki v Google LLC [2021] FCA 1393 File number: VID 480 of 2021
Judgment of: MORTIMER J
Date of judgment: 5 November 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 did not appear – application granted
Legislation: Federal Court Rules 2011 (Cth)
Cases cited: Heath v LawTap Pty Ltd [2021] FCA 485 International Wushu Federation v Google LLC [2021] FCA 904
Division: General Division
Registry: Victoria
National Practice Area: Other Federal Jurisdiction
Number of paragraphs: 13
Date of hearing: 5 November 2021
Solicitor for the Prospective Applicant: Matrix Legal
ORDERS VID 480 of 2021
BETWEEN: KORANA MUSICKI Prospective Applicant
AND: GOOGLE LLC Prospective Respondent
order made by: MORTIMER J DATE OF ORDER: 5 NOVEMBER 2021
THE COURT ORDERS THAT:
1. Google LLC give discovery to the Prospective Applicant of all documents that are or have been in Google LLC's possession, power or control relating to the description of the prospective respondent, namely: pseudonym: Dave Cross and user ID: https://www.google.com/maps/contrib/102570466144590922307 URL link to review: https://www.google.com/maps/contrib/102570466144590922307/reviews/@-37.8445923,144.9793406,17z/data=!3m1!4b1!4m3!8m2!3m1!1e1?hl=en-AU 2. Pursuant to rr 10.42 and 10.43 of the Federal Court Rules 2011 (Cth) the Prospective Applicant shall serve this order, and the Court's reasons for judgment once published, upon Google LLC 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" done at The Hague on 15 November 1965, by sending it by international registered post, with an acknowledgement of receipt to be provided to the Prospective Applicant, to the Respondent's address for service at: Google LLC c/o Custodian of Records 1600 Amphitheatre Parkway Mountain View, California 94043 United States of America and by sending it by email to Google LLC at google-legal-support@google.com and internationalcivil@google.com Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
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