Q News Pty Ltd v Google LLC - [2025] FCA 1208

FEDERAL COURT OF AUSTRALIA
Q News Pty Ltd v Google LLC [2025] FCA 1208

Appeal from: Application for leave to appeal: Riverine Grazier Pty Ltd v Google LLC [2025] FCA 895

File number: VID 1112 of 2025

Judgment of: COLVIN J

Date of judgment: 26 September 2025

Date of publication of reasons: 1 October 2025

Catchwords: REPRESENTATIVE PROCEEDINGS - multiplicity of proceedings raising similar claims against respondents - where there were competing applications for a stay of proceedings - application for leave to appeal - whether a direction should be made for application for leave to appeal to be determined at the same time as any appeal - no direction made - application for leave to appeal listed for hearing before single judge

Legislation:
Competition and Consumer Act 2010 (Cth) Part IV, Schedule 2 (Australian Consumer Law)

Federal Court of Australia Act 1976 (Cth) s 25

Federal Court Rules 2011 (Cth) r 36.31

Cases cited:
Kajula Pty Ltd v Downer EDI Ltd [2024] VSCA 236; (2024) 76 VR 75

Kirsten v Miller as executor of the estate of Detlef John Kirsten [2023] FCA 1667

Klemweb Nominees Pty Ltd (as trustee for the Klemweb Superannuation Fund) v BHP Group Limited [2019] FCAFC 107

Oswal v Burrup Fertilisers Pty Ltd (Receivers and Managers Appointed) [2011] FCA 536

Re McBain; Ex parte Australian Catholic Bishops Conference [2002] HCA 16; (2002) 209 CLR 372

Saraceni v Australian Securities and Investments Commission [2012] FCA 899

Division: General Division

Registry: Victoria

National Practice Area: Commercial and Corporations

Sub-area: Regulator and Consumer Protection

Number of paragraphs: 32

Date of hearing: 26 September 2025

Counsel for the Appellants: Mr N Walter

Solicitor for the Appellants: Piper Alderman

Counsel for the Respondents: Dr R Higgins SC

Solicitor for the Respondents: Herbert Smith Freehills Kramer

Counsel for the Intervener: Mr D Roche SC with Mr T Rogan

ORDERS

VID 1112 of 2025

BETWEEN:
Q NEWS PTY LTD

First Appellant

SYDNEY TIMES MEDIA PTY LTD

Second Appellant

AND:
GOOGLE LLC

First Respondent

GOOGLE ASIA PACIFIC PTE LTD

Second Respondent

GOOGLE AUSTRALIA PTY LTD

Third Respondent

ORDER MADE BY:

COLVIN J

DATE OF ORDER:

26 SEPTEMBER 2025

THE COURT ORDERS THAT:
1.The applicants in proceeding VID164/2025 be granted leave to intervene in these proceedings on the basis that they may make written and oral submissions and may be liable for costs.
2.The application for leave to appeal be listed for hearing in Melbourne at 10.15 am AEDT on 23 February 2026 for half a day.

Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.

REASONS FOR JUDGMENT
COLVIN J:

Q News Pty Ltd and Sydney Times Media Pty Ltd (Q News Applicants) are representative applicants in proceedings in this Court brought against Google LLC, Google Asia Pacific Pte Ltd and Google Australia Pty Ltd. They allege unlawful conduct by the Google companies in connection with online publishing of advertising. The conduct is alleged to have contravened the anti‑competitive…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

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Details

Case: [2025] FCA 1208
Decision Date: 26 September 2025

CaseChat Overview and Summary

The Federal Court was called upon to determine a dispute between Q News Pty Ltd and Google LLC, arising from a class action concerning copyright infringement. This matter involved multiple proceedings with similar claims against Google, creating a complex web of litigation. In the proceedings before the Court, there were competing applications for a stay of proceedings, which necessitated a resolution on the appropriate course of action for managing these overlapping claims.

The legal issues before the Court included whether a direction should be made for the application for leave to appeal to be determined concurrently with any appeal, as well as the appropriate procedural steps for handling the competing applications for a stay of proceedings. The Court also had to consider the implications of granting leave to intervene to additional applicants in the proceedings and how this would affect the overall management of the litigation.

The Court deliberated on the procedural fairness and efficiency of the litigation process, ultimately deciding not to make a direction for the application for leave to appeal to be determined simultaneously with any appeal. Instead, the Court opted to list the application for leave to appeal for a hearing before a single judge, ensuring that the matter would be addressed in a timely and effective manner. Additionally, the Court granted the applicants in proceeding VID164/2025 leave to intervene, allowing them to make written and oral submissions while remaining mindful of potential costs liability.

The Court's final orders included granting leave to intervene to the applicants in proceeding VID164/2025, with the condition that they may make written and oral submissions and may be liable for costs. Furthermore, the application for leave to appeal was scheduled for a hearing in Melbourne on 23 February 2026, to be conducted for half a day. The Court emphasised the importance of adhering to the procedural rules outlined in Rule 39.32 of the Federal Court Rules 2011 for the entry of these orders.

Orders

Orders of the court

1. The applicants in proceeding VID164/2025 be granted leave to intervene in these proceedings on the basis that they may make written and oral submissions and may be liable for costs.

2. The application for leave to appeal be listed for hearing in Melbourne at 10.15 am AEDT on 23 February 2026 for half a day.

Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.

Appeal from:	Application for leave to appeal: Riverine Grazier Pty Ltd v Google LLC [2025] FCA 895
File number:	VID 1112 of 2025
Judgment of:	COLVIN J
Date of judgment:	26 September 2025
Date of publication of reasons:	1 October 2025
Catchwords:	REPRESENTATIVE PROCEEDINGS - multiplicity of proceedings raising similar claims against respondents - where there were competing applications for a stay of proceedings - application for leave to appeal - whether a direction should be made for application for leave to appeal to be determined at the same time as any appeal - no direction made - application for leave to appeal listed for hearing before single judge
Legislation:	Competition and Consumer Act 2010 (Cth) Part IV, Schedule 2 (Australian Consumer Law) Federal Court of Australia Act 1976 (Cth) s 25 Federal Court Rules 2011 (Cth) r 36.31
Cases cited:	Kajula Pty Ltd v Downer EDI Ltd [2024] VSCA 236; (2024) 76 VR 75 Kirsten v Miller as executor of the estate of Detlef John Kirsten [2023] FCA 1667 Klemweb Nominees Pty Ltd (as trustee for the Klemweb Superannuation Fund) v BHP Group Limited [2019] FCAFC 107 Oswal v Burrup Fertilisers Pty Ltd (Receivers and Managers Appointed) [2011] FCA 536 Re McBain; Ex parte Australian Catholic Bishops Conference [2002] HCA 16; (2002) 209 CLR 372 Saraceni v Australian Securities and Investments Commission [2012] FCA 899
Division:	General Division
Registry:	Victoria
National Practice Area:	Commercial and Corporations
Sub-area:	Regulator and Consumer Protection
Number of paragraphs:	32
Date of hearing:	26 September 2025
Counsel for the Appellants:	Mr N Walter
Solicitor for the Appellants:	Piper Alderman
Counsel for the Respondents:	Dr R Higgins SC
Solicitor for the Respondents:	Herbert Smith Freehills Kramer
Counsel for the Intervener:	Mr D Roche SC with Mr T Rogan

ORDER MADE BY:	COLVIN J
DATE OF ORDER:	26 SEPTEMBER 2025