Section 109X of the Corporations Act 2001 (Cth) is facultative, not mandatory: service of a statutory demand by any means that brings the document to the actual attention of the company is valid, even if it does not comply with s 109X. Delivery of the original statutory demand to a director does not comply with s 109X(1)(b) (which requires a 'copy'), but service on the sole director and secretary who accepts service on behalf of the company is valid service on the company outside s 109X. A company that contends it was not served with a statutory demand should seek a declaration rather than apply under s 459G to set aside the demand. Section 109X(6)(b) does not authorise retrospective validation of service.
The full text is available to signed-in members, including the 20 later cases that cite this judgment.
5 of the 20 citing cases carry a classified treatment. How each court treated it is available to signed-in members.