Service of an application to set aside a statutory demand under s 459G(3)(b) of the Corporations Act 2001 (Cth) may be validly effected by email to the email address of the creditor's nominated agent for service. Service is effective when the email arrives at the email address in retrievable and readable form, not when it is actually opened and read. Rule 103 of the UCPR (deeming service after 4pm to be the next day) does not apply to cut down the time for service under s 459G(3). A claim for interest under s 58 of the Civil Proceedings Act 2011 (Qld) cannot be included as part of a debt in a statutory demand.
The full text is available to signed-in members, including the 14 later cases that cite this judgment.
3 of the 14 citing cases carry a classified treatment. How each court treated it is available to signed-in members.