Kukulka v Google LLC

Kukulka v Google LLC was an application brought before the Federal Court of Australia seeking permission to serve an originating application for preliminary discovery outside Australia. The applicant, Kukulka, sought to serve the originating application on Google LLC, a United States-based corporation, through email due to the global COVID-19 pandemic disrupting international postal services. The primary legal issues the Court had to decide were whether the proposed method of service complied with the Federal Court Rules 2011, and whether the applicant had a prima facie case for the relief sought.

The Court found that the application met the requirements for service outside Australia as stipulated in the Federal Court Rules. The Court acknowledged the challenges posed by the COVID-19 pandemic and considered it appropriate to allow substituted service by email. The Court noted that Google LLC, being a multinational corporation with a history of responding to similar applications at the specified email address, would likely receive and respond to the documents. The Court also determined that the applicant had a prima facie case for the relief sought, aligning with the requirements of the Rules. Consequently, the Court granted leave for service by email, conditional on obtaining an acknowledgement of receipt from the respondent.

The Court's reasoning emphasised the need for flexibility in legal processes in light of extraordinary circumstances such as the global pandemic. The Court balanced the necessity of expediting the legal process with the requirements of due process, ensuring that the respondent would be adequately notified and had the opportunity to respond. The orders granted by the Court permitted the service of the originating application and accompanying documents by email to the specified address, subject to confirmation of receipt. The case management hearing was subsequently listed for a future date to further manage the proceedings.