Case S137/2022

Facebook Inc v. Australian Information Commissioner & Anor

Case No.

Case no S137/2022

Case Information

Lower Court Judgment

07/02/2022 Federal Court of Australia (Allsop CJ, Perram & Yates JJ)

[2022] FCAFC 9


Practice and procedure – Service out of jurisdiction – Rule 10.43 of Federal Court Rules 2011 (Cth) – Where Australian Information Commissioner commenced proceedings against appellant alleging events surrounding installation of application known as "This Is Your Digital Life" and Facebook-Cambridge Analytica scandal involved contraventions of Privacy Act 1998 (Cth) – Where Commissioner successful in establishing prima facie case on application to serve appellant out of jurisdiction – Where appellant conditionally appeared and sought to set aside service – Where primary judge and Full Court refused to set aside service – Whether prima facie case appellant "carr[ied] on business in Australia" within meaning of 5B(3)(b) of Privacy Act – Whether prima facie case appellant "collected… personal information in Australia" within meaning of s 5B(3)(c) of Privacy Act.


16/09/2022 Hearing (SLA, Canberra by video connection)

29/09/2022 Notice of appeal

29/09/2022 Submitting appearance (Second Respondent)

04/11/2022 Written submissions (Appellant)

04/11/2022 Chronology (Appellant)

02/12/2022 Written submissions (First Respondent)

23/12/2022 Reply

04/01/2023 Proposed submissions seeking leave to be heard as intervener (Andrew Hamilton)

07/03/2023 Hearing (Full Court, Canberra) (Audio-visual recording)
(Including pronouncement of orders)

07/03/2023 Outline of oral argument (Appellant)

07/03/2023 Outline of oral argument (First Respondent)