NSW Supreme Court confirms that service of documents interstate by email does not meet requirements

This week's TGIF considers a recent decision of the NSW Supreme Court, in which the Court had to determine whether an application to set aside a statutory demand, served interstate electronically, was served within the 21-day statutory period.

Key Takeaways

• While the decision relates to an application served prior to the repeal of section 600G of the Corporations Act 2001 (Cth) (Corporations Act), it is a reminder that electronic service of processes and applications pursuant to Chapter 5 of the Corporations Act is no longer valid service. Documents served on a company pursuant to the Corporations Act should continue to be served in compliance with 109X and 601CX of the Corporations Act, either in person or by registered post to the company's registered office. Service on a company's solicitor is not effective.