An Australian lawyer used the Facebook social networking tool as a means of serving legal papers. Photo / Supplied
A legal move believed to be a world first has opened the way for New Zealanders to be served legal documents through their Facebook sites.
Canberra lawyer Mark McCormack expects other courts will follow his lead after he used the internet to find a couple who had defaulted on a six-figure loan and serve them with a default judgment.
His action could easily be repeated on this side of the Tasman.
Crown Solicitor Simon Moore, SC, said using internet sites such as Facebook made perfect sense.
"In civil courts, there has always been the facility to apply for substituted service in cases where a defendant may be difficult to find or evidence suggests they are deliberately evading documents being served on them."
Courts usually leave legal documents at a defendant's last known address or somewhere they know family members are.
Mr Moore said the Facebook option was a novel way of serving documents and probably an effective option of bringing court action to someone's attention.
"I suspect it is a first and can't see why it can't be followed here," he said.
But it was unlikely to be used to serve papers related to criminal cases, except for minor cases.
Auckland District Law Society president Keith Berman said a traditional way of serving legal documents was through a public notice in the classified section of newspapers.
"There's no reason at all why the courts couldn't get more modern," he said.
He did not know if legal documents had been served by email but "wouldn't be surprised if it has been done".
The Australian Capital Territory Supreme Court approved lawyer Mark McCormack's application on Friday to use Facebook to serve the legally binding documents after several failed attempts to contact the couple at the house and by email.
Australian courts have given permission in the past for people to be served via email and text messages when it was not possible to serve them in person.
The lender's application to take back the house in the capital, Canberra, was approved on Oct. 3 after the couple failed to appear in court. The lender was then required to serve the so-called default judgment on the couple before it could seize the property.




