An affidavit of service that merely deposes that the deponent 'caused' a document 'to be forwarded by prepaid post' to a registered office, without direct evidence of the existence of an envelope, its addressing, postage, or lodgement in the post, is insufficient to prove service by post under s 109X(1)(a) of the Corporations Act 2001 (Cth). Practitioners serving statutory demands by post must ensure the affidavit of service addresses each element of proof of posting identified in Dwyer v Canon Australia.
The full text is available to signed-in members, including the 13 later cases that cite this judgment.
2 of the 13 citing cases carry a classified treatment. How each court treated it is available to signed-in members.