Where a statutory demand posted to a company's registered office is returned undelivered by Australia Post, the presumption of deemed service under s 109Y(b) of the Corporations Law is rebutted, and service is not effected at any time. A creditor who proceeds with a winding up application in such circumstances cannot establish the presumption of insolvency under s 459C(2). The court also doubted the 'fair notice' doctrine from F.P. Leonard Advertising and Re Future Life Enterprises, suggesting the true question is whether the document came to the notice of the intended recipient on the balance of probabilities, not whether the creditor took diligent steps.
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