PRACTICE AND PROCEDURE – application for leave to proceed against respondent served outside Australia pursuant to r 10.43D of the Federal Court Rules 2011 – where respondent was aware of the application but elected not to appear or participate – whether respondent was properly served – whether originating application makes claims of a kind permitted to be served overseas without leave – leave to proceed granted
PRACTICE AND PROCEDURE – application for preliminary discovery to ascertain description of prospective respondent – where prospective applicant was the subject of an anonymous email sent from Gmail email address – where respondent is the apparent owner and operator of Gmail – whether prospective applicant has established requirements of r 7.22(1) of the Federal Court Rules 2011 – preliminary discovery ordered on more confined terms than those sought by the prospective applicant
Original article available at: https://www.judgments.fedcourt.gov.au/judgments/Judgments/fca/single/2023/2023fca0785
For more information, see the original judgement.
