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ARTICLE · 19 NOVEMBER 2014

Mr process server wants to connect with you... service by social media

Courts in Australia need to see a clear connection between the person to be served and the social media account.

AustraliaLitigation, Mediation & Arbitration

IN BRIEF

Recently the Irish High Court ruled that court documents could be served via a person's LinkedIn account. The widespread adoption and active engagement with social media sites, including LinkedIn, Facebook and Twitter, facilitate an unprecedented level of connectivity in Australia and abroad. Does this mean that we can now also use these means to effect service on another party in Australia?

Not without real evidence!

Courts in Australia, particularly in NSW, need to see a clear connection between the person to be served and the social media account. Profiles can be fake or controlled by people other than the intended recipient. Applicants for an order of substituted service must ensure evidence with real force is submitted to the court to convince them that the documents will come to the attention of the right person.

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