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ARTICLE · 20 APRIL 2021

You have been served – but was it the right address?

Corrs Chambers Westgarth
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What are the service requirements for a statutory demand that is served at a location other than the registered address?

AustraliaLitigation, Mediation & Arbitration
Cameron Cheetham
Cameron Cheetham
Mark Wilks
Mark Wilks
Craig Ensor
Craig Ensor
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This week's TGIF considers the service requirements for a statutory demand where it is served at a location other than the company's registered address.

Key takeaways

  • Where possible, a company should be served at the address listed with the Australian Securities and Investments Commission as its 'registered office'.

  • Where service is effected via post to an address other than the registered office, documents should be sent to a physical office, with the address specified with exact precision.

  • Where possible, separate email notification should be sent to the company alerting them that documents have been sent to their address. 

What happened?

In a recent case before the Federal Court, a creditor's application to wind up Onthego Group Pty Ltd (Onthego) was dismissed on the basis that Onthego had validly complied with a statutory demand issued by Intelogent Pty Ltd (Intelogent) within 21 days of service (Intelogent Pty Ltd v Onthego Group Pty

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The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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