Service of an application to set aside a statutory demand must be effected on the creditor (not the creditor's solicitor) within the mandatory 21-day period. Service at the address for service stated in the demand will satisfy s 459G(3), but alternative modes of service (such as fax or post to a different address) will only suffice if the documents actually come to the creditor's notice within time. The court cannot retrospectively authorise an alternative mode of service under s 109X(6) after the 21-day period has expired, as the time limit is jurisdictional.
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