Sydney Criminal Lawyers v Google LLC

Sydney Criminal Lawyers sought to serve an originating application on Google LLC in the United States of America. The dispute concerns the identity of individuals who posted defamatory reviews on the Google platform. The Federal Court of Australia was tasked with determining whether leave should be granted to serve the originating application outside Australia in accordance with the Hague Service Convention. The court examined whether the application met the requirements of Rule 10.43 of the Federal Court Rules 2011 (Cth) and whether service by post was permissible under the Hague Service Convention. After reviewing the affidavits and considering the relevant legal principles, the court concluded that the prospective applicant had satisfied the necessary criteria. The court found that the proposed method of service by international registered post was permissible under Article 10(a) of the Hague Service Convention, and granted leave for service outside Australia.

The court's reasoning involved a thorough analysis of the procedural requirements under Rule 10.43 of the Federal Court Rules 2011 (Cth). It considered the need for an affidavit stating the foreign country, proposed method of service, and compliance with the Hague Service Convention. The court also assessed whether it had jurisdiction, whether the proceeding fell within the scope of Rule 10.42, and whether the applicant had a prima facie case. The court referred to previous decisions and the Practical Handbook on the Operation of the Hague Service Convention to support its findings. It determined that the prospective applicant had met all the necessary criteria and that service by international registered post was indeed permissible under the Hague Service Convention. Therefore, the court granted leave for the originating application to be served on Google LLC in the United States of America.