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 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.

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comments


Date: Newest first | Oldest first
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
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
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
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
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
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
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