Facebook service held to be valid by Australian court
Litigation / January 2009

LITIGATION All areas I was recently asked about service by MySpace where a US band’s attorney had sent a cease and desist letter to a UK band they claimed had a similar sounding name. I have to admit I wasn’t sure this was effective service of any sort and I could not find any precedents on the matter. Now and in what may be a first, lawyers have pursuaded a judge in the Australian Canberra’s Supreme Court to allow them to serve the documents over the internet after repeatedly failing to serve the papers in person. Carmel Rita Corbo and Gordon Poyser had allegedly failed to keep up repayments on a $150,000 (£44,000) loan they had borrowed from MKM Capital, a mortgage provider. The pair had ignored emails from the law firm and did not attend a court appearance on Oct 3 and claimants said the pair had “vanished”. The claimant’s lawyer, Mark McCormack said “It’s somewhat novel, however we do see it as a valid method of bringing the matter to the attention of the defendant” and insisted there was no other way to find the pair saying “They weren’t available at their residence. They no longer worked at…