International Law

When legal proceedings are initiated in Queensland, a copy of the claim and statement of claim must be given to or 'served' on the defendant.  This is usually done by way of personal service, where the relevant documents are personally handed to the defendant.  However, in cases where that is a practical impossibility, substituted service can be ordered by the court.  Substituted service allows for the documents to be served by some other means, usually by post.

In Citigroup Pty Ltd v Weerakoon [2008] QDC 174, Judge Ryrie considered whether service could occur via Facebook:

An alternative was requested in the amended application in order that a sealed copy of the claim might be emailed to the defendant's  - what is described as "Facebook page" on the web.  I am not so satisfied in light of looking at the - the uncertainty of Facebook pages, the facts that anyone can create an identity that could mimic the true person's identity and indeed some of the information that is provided there does not show me with any real force that the person who created the Facebook page might indeed be the defendant, even though practically speaking it may well indeed be the person who is the defendant.   

At this stage, however, I am not inclined to make the alternative order being sought in the amended application.  However, I am prepared on the material I have got to order substituted service, as I have stated.

This seems like the right conclusion.  However I am sure that the day will come when service can occur via Facebook or other similar social networking sites.