Yemini v Twitter International Company [2022] FCA 318

Federal Court of Australia

Yemini v Twitter International Company [2022] FCA 318 File number(s): VID 70 of 2022

Judgment of: MORTIMER J

Date of judgment: 31 March 2022

Catchwords: PRACTICE AND PROCEDURE – application for leave to serve originating application seeking preliminary discovery outside Australia pursuant to Div 10.4 of the Federal Court Rules 2011 (Cth) – effective application for leave for substituted service – leave to serve outside Australia granted – leave to serve via substituted service refused

Legislation: Federal Court Rules 2011 (Cth), rr 7.22, 10.42, 10.43 Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters done at the Hague on 15 November 1965, Art 10

Cases cited: Lin v Google LLC [2021] FCA 1113

Division: General Division

Registry: Victoria

National Practice Area: Other Federal Jurisdiction

Number of paragraphs: 6

Date of hearing: Determined on the papers

Solicitor for the Prospective Applicant: Mr S Gibson of Macpherson Kelley

ORDERS VID 70 of 2022

BETWEEN: AVRAHAM YEMINI Prospective Applicant

AND: TWITTER INTERNATIONAL COMPANY First Prospective Respondent

TWITTER INC. Second Prospective Respondent

order made by: MORTIMER J DATE OF ORDER: 31 March 2022

THE COURT ORDERS THAT:

1. Pursuant to r 10.42 and r 10.43 of the Federal Court Rules 2011 (Cth), the Prospective Applicant has leave to serve: (a) the Originating Application by a Prospective Applicant for an Order for Discovery, dated 15 February 2022; (b) the affidavit of Stuart Gibson sworn on 15 February 2022; and (c) a copy of these orders, upon the Prospective Respondents in the United States of America and in Ireland, 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 them by international registered post, with an acknowledgement of receipt to be provided by the Prospective Applicant, to the Prospective Respondents' addresses at: First Prospective Respondent Twitter International Company 1 Cumberland Place Fenian Street DUBLIN 2 D02 AX07 IRELAND Second Prospective Respondent Twitter Inc. 1355 Market Street, Suite 900 San Francisco, CA 94103 2. Costs be reserved. 3. The matter be listed for a case management hearing on a date to be fixed by the Court, no sooner than 14 days after the filing of an affidavit of service by the Prospective Applicant. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.