A Bankruptcy Notice could be served in a variety of ways under regulation 16.01 of the Bankruptcy Regulations including the now antiquated method of being “sent by facsimile …”.
Well, regulation 16.01 has moved address to now be known as regulation 102 which now identifies the methods of service as follows:
Service of documents
(1) Unless the contrary intention appears, if a document is required or permitted by the Act or this instrument to be given or sent to, or served on, a person (other than the Inspector-General, the Official Receiver or the Official Trustee), the document may be:
(a) sent by a courier service to the person at the address of the person last known to the person serving the document; or
(b) left, in an envelope or similar packaging marked with the person’s name and any relevant document exchange number, at a document exchange where the person maintains a document exchange facility.
Note: See also section 28A of the Acts Interpretation Act 1901.
(2) In the absence of proof to the contrary, the document is taken to have been received by, or served on, the person when the document would, in the due course of business practice, be delivered to that address or document exchange.
Reference to the Acts Interpretation Act 1901 is also made which in section 28A provides for the service of a document to be:
– by leaving at, or posting to, the residence or business last known to the person serving the document.
Many cases in the past have resulted in opposition to a Creditor’s Petition on the basis that the Bankruptcy Notice was not received. Under the new regulations, the methods of service have been tightened but the opportunity to leave a document at the “last known” address still has uncertainty written all over it.
#msdlaw #bankruptcy #serviceofprocess