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Topic: Lawyers win case to serve via facebook
Kat
Posts: 10332
Location:
http://www.brisbanetimes.com.au/news/technology/aussie-lawyers-to-serve-notices-on-facebook/2008/12/16/1229189582412.html

I am in two minds about this.

On one side it means d*******s who try and dodge being served have no excuses especially since most of them have a facebook page.

But then again who is to say the person being served is them? Who's to say someone doesn't make up a fake page for someone and then the real person gets in trouble for not appearing?

Plus, who is going to add a server as a friend haha
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TicMan
Posts: 3986
Location: Melbourne, Victoria
Lawyer writes on your wall... you've been served!
Kat
Posts: 10333
Location:
You have to be friends with someone to write on their wall, don't you?
thermite
Posts: 692
Location: Brisbane, Queensland
this is retarded, I don't even check facebook. It's not like a standard thing that Australians are required to have. I guess since it's been in the media that's all the politicians and lawyers have heard of and might even think it is all the Internet consists of.

scuzzy
Posts: 13179
Location: Brisbane, Queensland
Plus if you never logged into facebook and had email notifications disabled you'd be none the wiser.
infi
Posts: 10655
Location: Brisbane, Queensland
Normally a legal form must be served to a party in person or at their registered legal address.

There is also an option called substituted service whereby if you cannot serve it to a party in person certain substituted means are acceptable, like publishing a notice in a metropolitan paper, or service at place of employment.

This development is retarded though because there is no proof that the name of the party being served is actually being used by that person on facebook.

To underpin the proceeding of a legal case on this basis is completely flawed.
thermite
Posts: 693
Location: Brisbane, Queensland
I can imagine there will be a lot of cases of courts being too lazy to track someone down, so they just send out a memo on the internet, and then pat themselves on the back for getting the job done, and wipe their hands of all responsibility.
It seems like courts to a large extent are already like that. They've made the decision before the case even starts based on what seems probable and what the judge can get away with, and it's just wham-bam, case closed, pay your court fees.... Next!

Raven
Posts: 3170
Location: Melbourne, Victoria
Wow, this is utterly retarted. I can't count the number of people I know who have Facebook profiles/accounts, but basically never check them.
Hell, a mate only added me as a friend after about 4 weeks, along with a dozen others.
And yes, considering that Facebook requires no actual verification a person is who they say they are makes this even more ridiculous.
paveway
Posts: 9064
Location: Brisbane, Queensland
this is retarded, I don't even check facebook


wow thats convincing, that must mean everyone on facebook doesn't check it


on a serial note, this is retarded
thermite
Posts: 694
Location: Brisbane, Queensland
I don't even know what you're on about pavegay.
mooby
Posts: 4403
Location: Brisbane, Queensland
^^ hunter v2.
koopz
Posts: 7284
Location: Brisbane, Queensland
if it's debt collection I reckon let the lawyers go for it!

I'm surely no expert, but I can't see it being used for much else successfully
BillyHardball
Posts: 8623
Location: Brisbane, Queensland
"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.

lol
trog
AGN Admin
Posts: 25672
Location: Brisbane, Queensland

On one side it means d*******s who try and dodge being served have no excuses especially since most of them have a facebook page.
if I got some sort of legal summons thing sent to me on facebook I would delete it immediately thinking it was spam - I prolly wouldn't even read it

Can you even send messages to people that aren't your friends?
Boxhead
Posts: 11888
Location: Brisbane, Queensland
It isn't hard to 'serve' people.. plenty of ways of going about it... Generally the people wanting to serve the documents know a bit about the individual and more often then not they use said info..

'oh hey John, its me craig, we used to goto school at brisbane state high' etc... once the identify themselves as being the guy, you check if they're still living at kenmore or whatever then you touch them with the envelope and recieve the old 'whats this??' remark and tell them as you walk away... (heh its more fun on a tube platform in london)
step
Posts: 1649
Location: Brisbane, Queensland
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
Quality PIs!
koopz
Posts: 7287
Location: Brisbane, Queensland
if I got some sort of legal summons thing sent to me on facebook I would delete it immediately thinking it was spam - I prolly wouldn't even read it


I think we missed what this now says about Facebook..

and it's reminded me of why I didn't start my own FB page :P
Gratuitously Provocative
Posts: 1424
Location: Brisbane, Queensland
This is so rediculous!

And all the scaremongers would have us believe that we might not even get social networking sites once the net censor/filter whatever comes it.

So find something else lazy lawyers of the world!



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