Interstate service of an application to set aside a statutory demand must comply with the Service and Execution of Process Act 1992 (Cth), including the requirement to attach prescribed notices under s 16 and to serve at the company's registered office under s 9. Service at a nominated address for service given in the demand will not suffice unless that address is also the registered office. Non-compliance renders service ineffective and cannot be cured by entry of appearance or substituted service after the 21-day period. A creditor who inserts an interstate address for service in a statutory demand risks the demand being found defective.
The full text is available to signed-in members, including the 19 later cases that cite this judgment.
2 of the 19 citing cases carry a classified treatment. How each court treated it is available to signed-in members.