Focus: A case highlighting the problems
associated with serving Creditors' Statutory Demands by
post.
Services:
Financial Services,
Disputes & Litigation
Industry Focus:
Financial Services
In
a recent article 1 I discussed the Federal Court
decision of ABW Design and Construction Pty Limited. This
was a decision of Justice Logan on 4 April 2012, which addressed
the issue of service of a Creditor's Statutory Demand by the
Deputy Commissioner of Taxation upon ABW Design by post in
circumstances where the postcode of the registered office had been
obliterated on the envelope containing the Statutory Demand. The
Court there held that such a method of service was invalid, and the
Commissioner's reliance upon that attempt at service was
insufficient to base an application to wind up the company. In
subsequent proceedings only three weeks later, Justice Logan had
cause to consider another case involving service of a Statutory
Demand upon a company by post: Deputy
