Tuesday, December 16, 2008

Australian couple loses home via Facebook

You've been "superpoked" -- and served. An attorney in Australia has used the popular networking Web site Facebook to notify a couple that they lost their home after defaulting on a loan.The Australian Capital Territory Supreme Court last Friday approved lawyer Mark McCormack's application to use Facebook to serve the legally binding documents after several failed attempts to contact the couple at the house and by e-mail.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.McCormack, a lawyer for the lender the couple borrowed from, said that by the time he got the documents approved by the court late Tuesday for transmission, Facebook profiles for the couple had disappeared from public view.The page was apparently either closed or secured for privacy, following publicity about the court order."It's somewhat novel, however we do see it as a valid method of bringing the matter to the attention of the defendant," McCormack said.Despite the setback, McCormack said the Facebook attempt would help his client's case that all reasonable steps had been taken to serve the couple. A court is expected to settle the matter as early as next week.Facebook has become a wildly popular online hangout, attracting more than 140 million users worldwide since it launched in 2004. Facebook friends can "poke" or "superpoke" each other -- terms for giving someone a playful nudge.Lawyer and computer forensic expert Seamus Byrne said he was aware of only one similar case in Australia. A Queensland state District Court judge ruled in April against documents being served by Facebook because the option of contacting a person via a post office box had not yet been exhausted.

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