Khan v Google LLC

Khan brought an application against Google in the Federal Court of Australia. Khan sought leave to serve the originating application on Google outside Australia under rule 10.43D of the Federal Court Rules 2011. Khan also sought leave to make claims against Google based on an anonymous email sent to Khan from a Gmail address, which Google owns and operates. Google was aware of the application but chose not to appear or participate in the proceedings.

The court had to decide whether Khan was properly served on Google under rule 10.43D of the Federal Court Rules 2011, and whether Khan’s claims were of a kind permitted to be served overseas without leave. Khan argued that Google was aware of the proceedings and had not objected to the service. Khan also argued that the claims were of a kind permitted to be served overseas without leave. The court found that Khan was properly served on Google, and that the claims were of a kind permitted to be served overseas without leave.

In addition, the court had to decide whether Khan was entitled to preliminary discovery of the identity of the sender of the anonymous email under rule 7.22 of the Federal Court Rules 2011. Khan argued that Google had the information, and that the disclosure was necessary to determine whether Khan had a cause of action against Google. The court found that Khan had established the requirements of rule 7.22, and ordered Google to provide Khan with the subscriber registration information of the Google Account associated with the email address from which the anonymous email was sent, as well as the IP logins for the Google Account, to the extent that such information or data was in the possession of and available to Google.

The court granted Khan leave to proceed against Google and ordered Google to provide Khan with the subscriber registration information of the Google Account associated with the email address from which the anonymous email was sent, as well as the IP logins for the Google Account. The originating application was adjourned to a later date.