Seven Consulting Pty Ltd v Google LLC

In the matter of Seven Consulting Pty Ltd v Google LLC, the applicants sought leave to serve an originating application outside Australia on the respondent, Google LLC, pursuant to the Federal Court Rules 2011 (Cth). The applicants were unable to locate the individuals responsible for allegedly defamatory reviews published on Google's platforms. They sought preliminary discovery to obtain the necessary information from Google. The primary legal issue before the court was whether the applicants had satisfied the requirements of rule 10.43 of the Federal Court Rules 2011 (Cth) to be granted leave to serve the originating application outside Australia in accordance with the Hague Service Convention.

The court examined the affidavits provided by the applicants and found that they had made reasonable inquiries and taken steps to locate the individuals responsible for the reviews but had been unsuccessful. The court was satisfied that the applicants had a prima facie case for relief and that the Federal Court had jurisdiction over the matter. The court also confirmed that the proposed method of service by international registered post was permissible under Article 10(a) of the Hague Service Convention. Based on these findings, the court granted the applicants leave to serve the originating application on Google LLC in the United States of America.

In granting leave, the court made an order permitting the applicants to serve the amended originating application and accompanying affidavits on Google LLC by international registered post to the specified address in the United States. The court reserved costs and scheduled a case management hearing to progress the matter. This decision underscores the importance of ensuring that parties are properly served in cross-border litigation, and the role of the Hague Service Convention in facilitating international service of judicial documents.