News 
 Local News 
 News 
 General 
 You've been served: court approves Facebook notice 

You've been served: court approves Facebook notice

16 Dec, 2008 03:08 PM
Canberra lawyers have won the right to serve legally binding court documents by posting them on defendants' Facebook sites.

In a ruling that could make legal and internet history, a Supreme Court judge ruled last week lawyers could use the social networking site to serve court notices.

Email and even mobile phone text messages have been used before to serve court notices, but the Canberra lawyers who secured the ruling are claiming service by Facebook as a world first.

Lawyers Meyer Vandenberg, acting for lending company MKM Capital, applied to Master David Harper of the Supreme Court last week to use the popular internet site to serve notice of a judgment on two borrowers who had defaulted on a loan.

Carmel Rita Corbo and Gordon Kingsley Maxwell Poyser failed to keep up the repayments on $150,000 they borrowed from MKM last year to refinance the mortgage on their Kambah townhouse.

MKM applied to the courts through Meyer Vandenberg for a judgment for the loan amount and for possession of the defendants' house after the couple failed to appear in court to defend the action.

A default judgment was granted on October 3,1 leaving MKM with the task of finding the defendants and serving them with the papers.

Meyer Vandenberg hired private investigators to serve the judgment on the couple and advertised it in The Canberra Times. But after 11 failed attempts to find the couple at their Wyselaskie Circuit home between November 8 and December 6, the lawyers tried a change of tack. Lawyers Mark McCormack and Jason Oliver convinced the court the Facebook profiles for the defendants were those of Ms Corbo and Mr Poyser.

''The Facebook profiles showed the defendants' dates of birth, email addresses and friend lists and the co-defendants were friends with one another,'' a spokesman for the firm said.

This information was enough to satisfy the court that Facebook was a sufficient method of communicating with the defendants.

Print
Increase Text Size
Decrease Text Size

comments


Date: Newest first | Oldest first
Nope.....not a fan. I signed up for facebook but got bored of it quickly. In fact I still have an account running but I never log on these days. Fat lot of good this new law would do me...I'd probably not even know I had been served. Good thing I keep my nose clean eh? I just think this new way of serving papers stems from laziness.
Posted by Tiger, 29/12/2008 2:29:37 AM
What it really comes down to, is don't try to hide from your creditors. You do wrong, you will be found. That's the way it's always been, and they always come up with new methods of tracking people down. Simple.
Posted by Kelly, 17/12/2008 6:24:05 AM
To all those kicking up a fuss about how ineffective or intrusive serving someone through Facebook is, this is obviously a very last resort for the lawyers and legal system. It an exceptional circumstance, and will probably made in the expectation that there will be no reply again. It's a legal formality that has to be done to allow further action in seizing the house, and perhaps freezing the offenders' accounts and making a warrant for their eventual arrest. That said, if you don't wish to be served such a notice, through Facebook or other ways, don't break the law and you'll be fine.
Posted by AlanHB, 16/12/2008 9:52:22 PM
Obey. Consume. Conform. Concur. Believe in the logo. Engage with stakeholders. Go to the Mall. Take your meds. The Dark Ages have arrived, the Barbarians are pouring through the gate and we brought it on ourselves.
Posted by eurydice, 16/12/2008 7:06:19 PM
Sweet - I'm going to register a fake Facebook profile for each of my friends, then I'll know when they're being served!
Posted by Ben, 16/12/2008 1:44:40 PM
Well if you don't pay your bills you should expect to be hunted down to be made to pay them. If you're so worried about people finding you on the internet, make sure you don't owe anyone money!
Posted by Bluie, 16/12/2008 1:35:49 PM
Facebook! Nothing is private! I think I shall be deleting quite a few things now!
Posted by ATB, 16/12/2008 1:21:29 PM
How does the court no if they have served the right person? What about the possibility of a fake facebook profile? However if the court can be certain then I am amazed by the sheer number of people who would put personal information up on publicly accessible sites on the net without a second thought. At first the interent brought anarchy, now it has the potential to bring a whole new level of social control and a whole new meaning to the word 'totalitarian'.
Posted by Adam, 16/12/2008 12:40:20 PM
Google your own name. You're likely to be on the web anyway. It's there. you can be found. Facebook is a hub to find people... a no brainer. These lawyers are not 'clever', just using whats there. So what if theyre first - i dont think they care.
Posted by timhayman, 16/12/2008 12:12:57 PM
Serving legally binding court documents on a defendants facebook profile will not work. There is no guarantee that everyone that uses facebook puts every aspect on their lives on facebook and logs into it every day - some don't log into it for months at a time. There is even a chance that after having seen this article that those who owe the money may have deleted their facebook profiles permanently, probably eliminating any chance of finding the debtors via facebook. There is even a chance that so called "friends" added to their facebook profiles may have already seen the documents before the debtors and warned them, or may be aiding and abbetting their escape perhaps? It must also be pointed out that because people can put just about any sort of personal details / friend details, these can easily be fabricated / falsified by the profile owner and this makes facebook next to useless as an investigative tool. This may not be entirely relevant to this particular case as the debtors are said to have put correct details on their profiles, however alot of people do
Posted by Bella, 16/12/2008 9:35:10 AM
1 | 2  |  next >

post a comment


Screen name  *
Email address  *
Remember me?
Comment  *
 
We invite and encourage our readers to post comments. Comments are moderated and will appear as soon as our editor has approved them. When posting comments you agree to be bound by our Terms and Conditions.

MOST POPULAR

Yourguide to Your Toyota
Red Hot Deals at Eurobodalla! click now
 
James Bond Happy Hour at Flint - click now
 
 
University of Canberra - click here
 
Click here to read See Canberra online!
 
Ready, Set. Drive!
 
Classifieds
 SEND...
 SAVE...
 SHARE...