Musicki v Google LLC

[2021] FCA 1393

FEDERAL COURT OF AUSTRALIA

Musicki v Google LLC [2021] FCA 1393  

File number:

VID 480 of 2021

Judgment of:

MORTIMER J

Date of judgment:

5 November 2021

Catchwords:

PRACTICE AND PROCEDURE – application for preliminary discovery pursuant to r 7.22 of the Federal Court Rules 2011 (Cth) – allegedly defamatory comments made online – respondent did not appear – application granted

Legislation:

Federal Court Rules 2011 (Cth)

Cases cited:

Heath v LawTap Pty Ltd [2021] FCA 485

International Wushu Federation v Google LLC [2021] FCA 904

Division:

General Division

Registry:

Victoria

National Practice Area:

Other Federal Jurisdiction

Number of paragraphs:

13

Date of hearing:

5 November 2021

Solicitor for the Prospective Applicant:

Matrix Legal

ORDERS

VID 480 of 2021

BETWEEN:

KORANA MUSICKI

Prospective Applicant

AND:

GOOGLE LLC

Prospective Respondent

ORDER MADE BY:	MORTIMER J
DATE OF ORDER:	5 NOVEMBER 2021

THE COURT ORDERS THAT:

1.Google LLC give discovery to the Prospective Applicant of all documents that are or have been in Google LLC’s possession, power or control relating to the description of the prospective respondent, namely:

pseudonym: Dave Cross and user ID:

link to review:

to rr 10.42 and 10.43 of the Federal Court Rules 2011 (Cth) the Prospective Applicant shall serve this order, and the Court’s reasons for judgment once published, upon Google LLC 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” done at The Hague on 15 November 1965, by sending it by international registered post, with an acknowledgement of receipt to be provided to the Prospective Applicant, to the Respondent’s address for service at:

Google LLC
c/o Custodian of Records
1600 Amphitheatre Parkway
Mountain View, California 94043
United States of America

and by sending it by email to Google LLC at [e-mail] and [e-mail]

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)

MORTIMER J:

1. The applicant, Dr Korana Musicki, has applied, by an originating application, dated 25 August 2021, for orders requiring Google LLC to provide preliminary discovery, pursuant to rule 7.22 of the Federal Court Rules 2011 (Cth), of all documents or things in its possession or control relating to the description of an unknown person to be the prospective respondent, who posted, allegedly, defamatory comments about her.

2. No notice of address for service for Google has been filed with the Court and no legal representative for Google sought to appear at the hearing. An affidavit of service has been filed. It was read on the application. In that affidavit, Mr Stanarevic, the applicant’s solicitor, deposes that, pursuant to orders made by the Court on 13 September 2021, he posted to Google LLC on 27 September 2021, by international registered post, the following documents: a copy of the Court’s orders, the originating application and his affidavit, both filed on 25 August 2021. He deposes that he also emailed the…