Allison v Google LLC

[2021] FCA 186

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.

REASONS FOR JUDGMENT
(DELIVERED EX TEMPORE AND REVISED)

RANGIAH J:

1. The applicant has filed an originating application seeking orders under r 7.22 of the Federal Court Rules 2011 (Cth) (the Rules) that the respondent, Google LLC (Google), produce documents relating to the description of persons who posted reviews of the applicant’s cosmetic medical practice on the “Google Reviews” web page under the names “Jack Stevens” and “Jason Turnball”.

2. The application presently before the Court is…