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costs of replacing the carpet in his living area?
do you agree with me!

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123

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Edward wants to know if he can get his carpet replaced.

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Edward wants the cleaners to pay the cost of replacing the carpet

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what is your name, and please answer what is the main legal issue here

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Has proper service been given to Alison and Corney Carpet Cleaners, or have there been any irregularities?

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Can facebook be a substitute to service

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Was the service irregular, and what is the likelihood of matter being set aside

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Was the service irregular, and what is the likelihood of matter being set aside

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Edward

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What sort of entity is ACCC?
partnership?
unregistered business??
mode of service?
question does not say the entity - so you can assume.

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Serving an unregistered business, r 10.9

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Serving an unregistered business, r 10.9

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Name of Co. does not include Pty Ltd., can assume unregistered business?

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Name of Co. does not include Pty Ltd., can assume unregistered business?

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Of course, can verify by looking up register on ABN Lookup, Aust. govt. website

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Of course, can verify by looking up register on ABN Lookup, Aust. govt. website

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Is there a late service of statement of claim? Question does not give any dates, but if they do .... then you will have to discuss as well. the first question on the tutorial sheet has this issue. 

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Is there a late service of statement of claim? Question does not give any dates, but if they do .... then you will have to discuss as well. the first question on the tutorial sheet has this issue. 

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ACC need to file an appearance to dispute Edward's claim

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Would Edward be able to lodge an Affidavit of service? r 11.16

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Would Edward be able to lodge an Affidavit of service? r 11.16

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facebook service. a student brought up an interesting point. that facebook has GPS built in and therefore you are able to locate the defendant. That you can get a location from the picture itself. Any thoughts on this

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facebook service. a student brought up an interesting point. that facebook has GPS built in and therefore you are able to locate the defendant. That you can get a location from the picture itself. Any thoughts on this

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But what if you either do not belong to FB, or you are not a friend, surely you cannot GPS locate anybody... And can that Orwellian function be disabled by the user?

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But what if you either do not belong to FB, or you are not a friend, surely you cannot GPS locate anybody... And can that Orwellian function be disabled by the user?

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tell me why the facebook service is irregular?

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Falls under r 10.14 as a method of substitute service?

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Falls under r 10.14 as a method of substitute service?

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have to put an application to court for substituted service 

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have to put an application to court for substituted service 

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he did not put the application in

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Porter v Freudenberg - conditions to be satisfied

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Problem is, unregistered biz has not been served by leaving w/ person >16; bx address where biz carried out is unknown, physical and postal

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Problem is, unregistered biz has not been served by leaving w/ person >16; bx address where biz carried out is unknown, physical and postal

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yes, affidavit of service must follow the service. well done

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yes, affidavit of service must follow the service. well done

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Prob. not the right place, but, would be good if there was audio to go with this video...

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Prob. not the right place, but, would be good if there was audio to go with this video...

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you apply the law after you identify the issues.

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In the end, the carpet cleaners have applied to have the matter set aside, does not that indicate in effect a successful serving of notice? Can the court extend the time to allow CC to prepare a decent reply?

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In the end, the carpet cleaners have applied to have the matter set aside, does not that indicate in effect a successful serving of notice? Can the court extend the time to allow CC to prepare a decent reply?

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that is true.
time is running out, i will discuss this again on adobe connect.

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Reimbursement for damage to carpet

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Edward

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1)	Were the methods used by George to serve the statement of claim sufficient?                  2)	Can Alison & Corney Carpet Cleaners challenge the default judgement based on irregular service?

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1)	Were the methods used by George to serve the statement of claim sufficient?                  2)	Can Alison & Corney Carpet Cleaners challenge the default judgement based on irregular service?

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2 views on facebook:

MKM Capital Pty Ltd v Corbo & Poyser - permitted.

Citigroup v Weerakoon [2008] QDC 174 - not permitted

Both decided in 2008. Social media has advanced significantly since then. Would be interesting to see a more recent judgement on this.

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Whether the defendants has the opportunity to answer the claim

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Whether the defendants has the opportunity to answer the claim

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could facebook serve as a substituted service

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Edward should have sought an order for a substitution of service. Should probably also have tried to contact cleaners again - perhaps have a friend order a job from them and serve them when they visit.

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Edward should have sought an order for a substitution of service. Should probably also have tried to contact cleaners again - perhaps have a friend order a job from them and serve them when they visit.

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Edward would need to restart proceedings.

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Edward would need to restart proceedings.