Prasad v Google LLC

In Prasad v Google LLC, the applicants sought an order for preliminary discovery to identify a prospective respondent to a proposed proceeding alleging defamation and misleading or deceptive conduct. The applicants claimed that they could not identify the person associated with a Gmail address from which emails containing the impugned publications were sent, and sought discovery from Google LLC and Google Australia to enable them to do so. The Federal Court was required to decide whether the application for preliminary discovery constituted a "proceeding" for the purposes of s 5(4) of the Jurisdiction of Courts (Cross-vesting) Act 1987 (Cth) and whether the proceeding should be transferred to the Supreme Court of Victoria. The Court held that the application for preliminary discovery constituted a "proceeding" for the purposes of s 5(4) and that it was in the interests of justice for the proceeding to be transferred to the Supreme Court of Victoria, given the consent of Google Australia and the potential for unnecessary costs, delay, and uncertainty.

The Court considered the power to transfer a proceeding under s 5(4) of the Cross-vesting Act, which provides that a court may transfer a proceeding if it is more appropriate for the proceeding to be determined by the Supreme Court of a State or Territory or if it is otherwise in the interests of justice to do so. The Court noted that the transfer of the proceeding would likely avoid unnecessary costs and delay, and potential uncertainty arising from jurisdictional issues. The Court also considered the parties' consent, finding that it supported the making of a transfer order in the interests of justice. The Court concluded that it was in the interests of justice to transfer the proceeding to the Supreme Court of Victoria. The costs of the proceeding in the Federal Court were reserved.