Letters Blogatory

The Blog of International Judicial Assistance | By Ted Folkman of Folkman LLC

Posts tagged “Australia

Jeanne Huang on Australian Information Commission v. Facebook

Posted on July 14, 2020

Friend of Letters Blogatory Jeanne Huang of the University of Sydney Law School has a report on a recent Australian case on service by email under the Hague Service Convention. Recently, in Australian Information Commission v. Facebook Inc., [2020] FCA 531, the Federal Court of Australia (‘FCA’) addressed substituted service and the Hague Service Convention in the context of the COVID-19 pandemic. This case is important on whether defendants located in the US can be served by substituted service instead of following the Hague Service Convention.

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Case of the Day: Shull v. University of Queensland

Posted on January 3, 2019

The case of the day is Shull v. University of Queensland (D. Nev. 2018). Frederick H. Shull Jr. sued the University of Queensland School of Medicine. He sought leave to serve process by mail. The United States and Australia are both parties to the Hague Service Convention. Australia does not object to service by postal channels, though it does require such service to be sent by registered mail. So the answer to the motion should have been to deny it on the grounds that no leave is required: Shull was free to serve process by mail as long as he followed the formalities required by FRCP 4(f)(2)(C)(ii).

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Case of the Day: EFF v. Global Equity Management

Posted on November 24, 2017

The case of the day is EFF v. Global Equity Management (SA) Pty Ltd., (N.D. Cal. 2017). No, you are not experiencing déjà vu— this is the same case we saw on Wednesday. As you will recall, Global Equity had gotten an injunction against the Electronic Frontier Foundation in a South Australian court requiring EFF to remove a supposedly defamatory post from EFF’s “Stupid Patent of the Month” section on its website. EFF had defaulted in the Australian case, and it then brought an action in San Francisco seeking a declaration that the injunction would be unenforceable in the United States in light of the SPEECH Act. In the decision I covered on Wednesday, a magistrate judge held that the court lacked personal jurisdiction…

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