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ARTICLE · 16 OCTOBER 2023

Can Statutory Demands And Set Aside Applications Be Served By Email?

Vincent Young
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Statutory demands and applications to set aside a statutory demand may be served by email, however this manner of service is fraught with danger.

AustraliaInsolvency/Bankruptcy/Re-Structuring
David Greenberg
David Greenberg

Bioaction Pty Ltd v Ogborne, in the matter of Bioaction Pty Ltd [2022] FCA 436

Statutory demands and applications to set aside a statutory demand may be served by email, however this manner of service is fraught with danger. The requirements for effective service are more complicated and the onus for showing effective service is heavier than more traditional methods of service. As a result, creditors and debtors should not rely on email to serve documents.

Statutorily approved methods of service

The safest methods to affect service of a statutory demand are set out in section 109X of the Corporation Act 2001 (Cth) (Corporations Act). Service is most commonly affected under this section by leaving the relevant documents at or posting them to the company's registered address (section 109X(1) Corporations Act). The benefit of this method of service is that it is clear cut and reasonably easy to prove.

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