Service of an application to set aside a statutory demand through a document exchange is not personal service, but actual receipt by the addressee within the 21-day period under s 459G(3) constitutes valid service regardless of the mode of delivery. Section 109X of the Corporations Law is facultative and does not constitute a code for service. Where there is a conflict between s 160 of the Evidence Act 1995 (NSW) and s 109Y of the Corporations Law regarding deemed postal service dates, s 109Y prevails as particular legislation over general legislation. Practitioners serving via document exchange bear the risk of proving actual receipt within time.
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