Court: Serving Legal Papers via Facebook OK

By Jane McEntegart, published on December 16, 2008 at 11:36 AM
Source: Tom's Guide | Keywords: , , , , | Themes: The Internet, Business
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Over the last few years Facebook has been hugging, kissing, poking and prodding us within an inch of our lives. Sure some people find it annoying but you can always just ignore the playfully abusive advances of those on your friends list. This is not the case for one couple in Australia.

According to the AP, a court in Australia has approved the use of Facebook to notify a couple that they have lost their home after defaulting on a loan. Ouch. The Australian Capital Territory Supreme Court last Friday approved lawyer Mark McCormack’s application to use Facebook to serve the legally binding documents following a whole bunch of failed attempts to reach the couple at their home and via email.

However, it seems the news got out before he got a chance to serve the papers and the couple’s Facebook profiles disappeared from the social networking site. Mr. McCormack said when he had initially found the woman and her husband on Facebook, neither had their profiles set to private to prevent people who were not on their friends lists access their pages.

We’re willing to bet the two will be ratted out by someone who knows them. News travels fast.

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Comments

rocky1234 12/16/2008 9:09 PM
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to funny...now it is ok to serve court documents by facebook....nott
I don't care how hard it is to find these people it should not be done by facebook...

JonnyDough 12/17/2008 2:39 AM
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Agreed. This is stupid. +1.

jamesl 12/17/2008 10:34 AM
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they're obviously trying to evade the law
screw 'em
the court should rule that reasonable attempts have been made to reach them and that due process has been carried out

bydesign 12/17/2008 5:46 PM
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Facebook is not legitmate way of contact people for legal purposes neither is email for that matter.

neiroatopelcc 12/18/2008 2:14 PM
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I find it okay that they're trying alternative means really. Since there's no reasonable way of getting in touch with those people, one might be inclined to consider such routes. To be honest I don't care too much if it's invasion of someone's privacy. I mean, hey, they're trying to run away from paying for what used to be their house, so they kinda forfeit the right to fair treatment imo.

Anonymous 12/22/2008 1:24 PM
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Who the hell are you guys who are opposed to this?!
This is an Australian ruling by an Australian court for Australians!!! So shove off!

And if you're Australian, then stop being un-Australian and recognise our courts! There is a political process for you to air your concerns.

If a person can be contacted by Facebook - or any means, about a legal matter, then it should stand. The point is not that the plaintiffs are obligated to receive these documents via Facebook, just that it is one of the now manifold recognised ways of contacting them if other 'usual' methods are unsuccessful.

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