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
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…
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- Case
- [2025] FCA 1208
- Decision Date
CaseChat Overview and Summary
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
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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