Kabbabe v Google LLC

The matter of Kabbabe v Google LLC involves an application to serve an originating application seeking preliminary discovery outside Australia. The applicant, Dr Matthew Kabbabe, filed the application on 6 December 2019, aiming to obtain documents from Google LLC, a United States-based entity, to use in a potential proceeding against the company. The application was brought in the Federal Court of Australia, which has jurisdiction over matters involving federal law, including international service of process under the Hague Service Convention.

The primary legal issues the court had to decide were whether the proceeding was of a kind mentioned in rule 10.42 of the Federal Court Rules 2011 (Cth) and whether the applicant had a prima facie case for all or any of the relief claimed. Additionally, the court needed to determine whether service in accordance with the Hague Service Convention was permissible and if service by post was an acceptable method. The court concluded that the proceeding was of a kind mentioned in rule 10.42 and that the applicant had demonstrated a prima facie case for the relief sought. The court also found that service by post was permissible under the Hague Service Convention.

Following this reasoning, the court granted leave to serve the originating application and related documents on Google LLC in the United States. The order specified that the service should be conducted in accordance with Article 10(a) of the Convention, using international registered post with an acknowledgement of receipt. The court further ordered that the matter be listed for a case management hearing on 25 March 2020 at 9:30 am. The orders were entered in accordance with Rule 39.32 of the Federal Court Rules 2011 (Cth).