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ARTICLE · 31 JULY 2014

Serving notices electronically by Dropbox

Holley Nethercote
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A recent case addressed if the "cloud based" storage service "Dropbox" is an effective tool for the service of notices.

AustraliaCorporate/Commercial Law
Samantha Hills
Samantha Hills
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If you plan to serve a notice electronically, including via Dropbox, make sure this is explicitly contemplated by the relevant contract between you and the other party.

A recent case in the Queensland Supreme Court addressed whether the "cloud based" storage service "Dropbox" is an effective tool for service. The case concerned one party emailing the other party's solicitor with a "Dropbox" link to the relevant documents. The solicitor read the email the day it was sent – 23 August 2013. However, the solicitor did not access the Dropbox link until 2 September 2013. The Court considered whether the time for the response started running on 23 August 2013.

The Court found that service was not effected on 23 August 2013. It also questioned whether any form of service by Dropbox would be valid, given that electronic service was not contemplated in the contract.

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