As more of life moves online, service of court documents is moving with it. In the right circumstances, the Court can permit TikTok and other social media platforms as appropriate methods to use for substituted service.
When court proceedings are commenced against an individual, the claim documents need to be personally served. That means, arranging for the documents to be hand delivered directly to the individual.
But what happens when the person cannot be found, is constantly travelling, or simply refuses to answer the door?
In Queensland, the Court may order substituted service, allowing court documents to be served by an alternative method. Generally, the plaintiff will need to establish that:
- personal service is impracticable; and
- the proposed alternative method is likely to bring the documents to the person’s attention.
That second requirement is where a person’s digital footprint can become surprisingly important.
If a person maintains an active and identifiable online presence, their social media activity may provide evidence that documents sent to that account are likely to come to their attention. This means, TikTok, Facebook, LinkedIn or some other similar method can be an acceptable method for substituted service.
However, sending court documents through social media does not, by itself, make service valid.
Where personal service cannot reasonably be achieved, an application for substituted service may be necessary. The Court will consider the circumstances of the particular case, including the attempts made to personally serve the person, before permitting orders for substituted service.
So, while serving court documents by TikTok might sound like something out of the ordinary, it has been considered by the Court to be an acceptable method for alternative service.
At O’Sullivan Sneddon Law, we assist clients with practical strategies for service, including applications for substituted service where appropriate. Contact the experienced team at O’Sullivan Sneddon Law today for assistance.