Wakim v Criniti

The case of Wakim v Criniti arose in the Federal Circuit Court of Australia, where the plaintiff, Mr Wakim, sought to serve a statement of claim on the defendant, Ms Criniti. The dispute involved allegations of defamation resulting from posts made by Ms Criniti on social media. Mr Wakim was unable to locate Ms Criniti in person, but she was actively using social media. The primary legal issue before the court was whether substituted service of the statement of claim was permissible under the circumstances. Specifically, the court had to determine if the service could be conducted via social media when traditional methods of service had failed.

The court examined the Federal Circuit Court Rules and relevant case law to address this issue. It found that substituted service is intended to facilitate the fair and effective administration of justice, particularly when a defendant is intentionally evading service. The court noted that Ms Criniti's active engagement on social media provided a means to reach her despite her physical unavailability. The court held that substituted service was appropriate in this case, as it aligned with the principles of fairness and efficiency in legal proceedings.

In reaching its decision, the court emphasised that the primary objective of substituted service is to ensure that the defendant receives notice of the proceedings in a manner that is reasonable and effective. The court found that serving the statement of claim via social media was a practical and effective method, given Ms Criniti's conduct. The court concluded that the method of service was justified under the circumstances and allowed the proceedings to proceed. The court granted permission for service to be effected through social media, ensuring that Ms Criniti was adequately notified of the claims against her.