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Bankruptcy notices can now be served via email

It is long established that bankruptcy notices can be served via post, however, the decision of The Council of New South Wales Bar Association v Archer has established that bankruptcy notices can now be served via email.

In this case, the Court considered the effectiveness of a bankruptcy notice served via email under regulation 16.01 of the Bankruptcy Regulations 1996 (Cth). Regulation 16.01(1)(e) permits a bankruptcy notice to be sent via “facsimile transmission or another mode of electronic transmission”.

Federal Magistrate Lloyd-Jones noted that few cases have considered service by “another method of electronic transmission”. Accordingly he had to determine the case by logical extension of the principles relating to other methods of service. He was satisfied that the bankruptcy notice was validly served by email pursuant to the regulation.

This decision highlights the prevalence of electronic communication in legal dealings, and the importance of remaining vigilant of all lines of communication with respect to the service of legal documents.

Posted in: Tax & ATO News Australia at 27 June 13