Section 109X of the Corporations Act 2001 (Cth) provides that a document may be served on a company by means including:
(a) leaving it at, or posting it to, the company’s registered office; or
(b) delivering a copy of the document personally to a director of the company.
Documents that may need to be served may be a Summons, Statement of Claim or even a Creditor’s Statutory Demand.
Companies are obliged to register a change of registered address within 28 days of at changing. Directors are also required to ensure their address details on the register are maintained.
Where service of a document not properly effected or there is a dispute about its, there is a risk that the Court may determine that service wasn’t effected, set it aside altogether and there could be consequences such as costs orders.
Service by post
Service by post is cheap and easy.
If posted to a company’s registered address, a document is presumed under s.160 of the Evidence Act 1995 (Cth) to have been received at that address on the 7th working day after being posted.
A problem with service by post however, is that the recipient could argue that it was never received or a dispute could arise as to timing of service.
Personal service
Arguably, personal service by a process server of a document on a director of a corporation is the best way to effect service.
These professionals are in the business of doing this and provide an Affidavit of service which can be used in evidence to prove service to a Court and as they are a third party service provider, there is often no dispute raised as to service and when so there is no “he said”/”she said” type argument as there may be if the parties themselves effected service.
Leaving it
An alternative to posting it or serving it on an officer of a company is leaving it at the company’s registered office.
Again, this is best done by a licensed process server who can swear or affirm what they did and when.
Informal service
The Courts are increasingly allowing alternative methods of service where parties are evading service or any of the above methods do not result in effective service such as through third parties, email, text messages, social media accounts etc.
FURTHER INFORMATION
For further information in relation to Corporations Act issue, legal proceedings, serving documents on companies or any business or commercial law matter, contact McKillop Legal on (02) 9521 2455 or email help@mckilloplegal.com.au
This information is general only and is not a substitute for proper legal advice. Please contact McKillop Legal to discuss your needs.
