Journal article
"Electronic communication" amendments to the 'Corporations Act': Implications for service of statutory demands
Insolvency law journal, Vol.29(1), pp.45-51
01/03/2021
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Abstract
Recent amendments to the 'Corporations Act 2001' (Cth) (the Act) appear to have the consequence, possibly unintended, that a statutory demand under section 459E of the Act now may be formally served on a company by means of email. The “electronic communication” amendments to the Act greatly assist insolvency practitioners in enabling notices to creditors by email communication instead of post. Section 600G of the Act, repealed and substituted effective 16 December 2020, now permits an external administrator to give a notice of meeting by email communication to a creditor so long as the external administrator has reasonable grounds to believe that the email address of the creditor is current. However, another aspect of the “new” section 600G which may not be broadly appreciated is its effect on other documents which are “required or permitted to be given to a person” under Chapter 5 of the Act. A question now arises as to whether one of the most significant “Chapter 5” documents, a statutory demand under section 459E of the Act, may be formally served by email under the “new” section 600G.
Details
- Title
- "Electronic communication" amendments to the 'Corporations Act': Implications for service of statutory demands
- Creators
- Mark N Wellard (Author) - UTS Law, Sydney, NSW, Australia
- Publication Details
- Insolvency law journal, Vol.29(1), pp.45-51
- Publisher
- Thomson Reuters
- Identifiers
- 991013227010102368
- Copyright
- © Thomson Reuters
- Academic Unit
- Faculty of Business, Law and Arts
- Language
- English
- Resource Type
- Journal article