Australian Competition and Consumer Commission v Facebook, Inc

In the case of Australian Competition and Consumer Commission v Facebook, Inc, the Australian Competition and Consumer Commission (ACCC) applied to the Federal Court of Australia for interim suppression and non-publication orders, as well as service orders outside Australia. The ACCC sought these orders in relation to proceedings concerning alleged contraventions of the Australian Consumer Law. The respondents to the application were Facebook companies incorporated in the United States of America and Israel.

The court was required to decide whether to grant the ACCC's requests for an interim suppression or non-publication order and for service of documents outside Australia. The ACCC argued that it was appropriate to grant the orders on the basis of the affidavit of Tom Lawton Bridges, who described the ACCC's investigation, including the difficulties presented by COVID-19 in achieving service overseas. The court found that it was appropriate to make interim orders under section 37AI of the Federal Court of Australia Act 1976 (Cth), which would operate until the conclusion of the first case management hearing at which the respondents were required to appear. The court also found that it was appropriate to grant the ACCC's requests for service of documents outside Australia, in accordance with the Hague Convention and the Federal Court Rules 2011 (Cth). The court held that the ACCC had satisfied the requirements set out in rule 10.43(4) of the Federal Court Rules 2011 (Cth), and that it was appropriate to consider each of the three requirements in turn.

The Federal Court of Australia granted the ACCC's application for interim suppression and non-publication orders and for service of documents outside Australia. The court made orders that certain information was not to be disclosed or published other than to the Court, the parties and their legal representatives until the conclusion of the first case management hearing at which the respondents appeared, or further order. The court also made orders that the ACCC could serve the Court Documents on the respondents by international registered post in accordance with the Hague Convention, as well as by email to King & Wood Mallesons.