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It may make a change from having a vampire thrown at you, but it’s not the kind of message most people would want to receive on Facebook. An Australian couple discovered they were going to lose their home last week after being served a default notice for their mortgage on the social networking site. Lawyer Mark McCormack applied to the Australian Capital Territory Supreme Court after making several attempts to contact the couple via email and in person. He told the Associated Press: "It's somewhat novel, however we do see it as a valid method of bringing the matter to the attention of the defendant.” "In their loan application document, they provided an e-mail address. We typed the address of one of them into the Facebook search engine and it came back with only one Facebook profile matching that address. "We then entered that profile and some of the information on it matched the information in the loan application." "Well it's a very interesting development, it shows in Australia, our courts are flexible and adaptable and willing to embrace new technologies,” said the Law Institute of Victoria’s Tony Burke. “But I guess there are messages for those who choose to have a presence on Facebook, you are liable to be found," he added. Recipient Gordon Poyser, who along with wife Carmel Corbo was understood to owe lender MKM more than A$100,000, told reporters he had been forced to hide his Facebook profile from public view after the court ruling generated publicity. McCormack was at least prevented by the judge from serving the notice by posting a public message on his “wall” – the court insisted that the message be sent as an attachment to a private message. In a statement, Facebook’s Chief Privacy Officer Chris Kelly said: “We're pleased to see the Australian court validate Facebook as a reliable, secure and private medium for communication. The ruling is also an interesting indication of the increasing role that Facebook is playing in people's lives.” Whilst it is thought to be the first time Facebook has been used to serve such a notice, Australian courts have in the past authorised the use of email and text messaging for contacting elusive defaulters. Earlier this year, a rugby player who walked out on his contract to join another club was notified of proceedings by text. Graham Taylor Dec 19, 2008 Email this article Printer friendly page Previous Page
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