Court Allows Service of Court Documents via Facebook
22 November 2012
The Australian Capital Territory (ACT) Supreme Court has extended the scope for effective service of court documents by ruling that solicitors in a recent case could effect service of a default judgment by sending it via the defendants’ Facebook pages, according to Gordon Hughes, a partner at Blake Dawson in Melbourne.
Writing in Blake Dawson’s Online TMT News, Hughes says the court held that pursuant to sub-rule 6460(3) of the Court Procedure Rules (ACT), the Court can make an order for substituted service if it is satisfied that:
• it is impracticable, for any reason, for the document to be served in the authorised way; and
• the alternative way is reasonably likely to bring the document to the attention of the person to be served.
The matter related to a default judgment after the defendants had failed to keep up mortgage payments on a house. The plaintiff, having unsuccessfully tried to effect personal service on numerous occasions, sought the novel approach of service via a private message on Facebook, says Hughes.
“While the ruling is certainly worth noting for its novelty, its legal importance should not be overstated,” he says. “The factual background of this case makes clear that the ruling does not override or replace the need for lawyers to adhere to the procedural rules in each jurisdiction regarding service of court documents before attempting to obtain orders for substituted service.”
The ACT Supreme Court’s decision follows previous rulings that have allowed litigants to effect service via modern means of communication such as email and text message. “However, it is clear from this case that parties must still attempt to effect service in accordance with procedural rules before a Court will consider making an order for substituted service,” Hughes says.
