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: Ride the Lightning: Electronic Evidence

AUSSIE MEMO: PUT SHRIMP ON BARBIE, SERVE LEGAL NOTICE ON FACEBOOK

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G?day mates. Ah, those Aussies ? always up to mischief, these descendants of convicts. At first I thought it was someone having a bit of fun, having had perhaps a bit too much grog at the local billabong and concocting a Fred Nerk tale, but no, strewth - I had read correctly.

 

For the first time in the world (I think), a court has found that a notice of a default judgment can be served on defendants through a Facebook page. Master Harper of the Australian Capital Territory Supreme Court approved lawyer Mark McCormack's application to use Facebook to serve the legally binding documents. Previously, there had been several failed attempts to contact the couple at their house and by e-mail to notify them that a lien had been placed on their home after defaulting on a loan. Australian courts have given permission in the past for people to be served via e-mail and text messages when it was not possible to serve them in person.

Australian courts take pride in being high tech, but this seems like piffle and waffle on our shores. Joe Bloggs (whose U.S. cousin is John Q. Citizen) might accept this dramatic change in process but I doubt our ?Johns? would. They?d likely think the Master Harper a hoon and give him a loud ?In yer boot!?

Being a bit of a stickybeak, I?d like to ask Master Harper about his notions of due process, but I?m probably just getting agro for nothing. This decision seems a little shonky to a Yank, rather crook. Not ready to say ?good on ya? to Master Harper, but I'm not in the mood for a kafuffle either.

No worries. I?ll just go walkabout and pretty soon I?ll be happy as Larry. 

Ooroo mates!

?Ta? to Tina Ayiotis for the story.

E-mail: snelson@senseient.com     Phone: 703-359-0700

Full post as published by Ride the Lightning: Electronic Evidence on December 17, 2008 (boomark / email).

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