• Areas of Law
    • Business Law
      • Building & Construction Law
      • Business & Commercial Leases
      • Buying or Selling a Business
      • Franchise
      • Other Business Agreements and Advice
    • Property & Conveyancing
      • Conveyancing – Buying a Property
      • Conveyancing – Selling a Property
    • Criminal Law
      • Assault Offences
      • Apprehended Violence Orders (AVO)
      • Affray and Riot
      • Drug Offences
      • Sexual Offences
      • Firearms & Weapons Offences
    • Debt Recovery & Litigation
      • Bankruptcy
      • Corporate Insolvency
      • Litigation & Commercial Disputes
      • Mercantile and Debt Collection Agencies
      • Small Claims Debt Recovery
    • Family Law
      • Child Custody
      • Property Settlement
      • De Facto Relationships
      • Divorce
      • Family Violence & AVOs
    • Traffic Law
      • Drink Driving
      • Drug Driving
      • Licence Appeals and Habitual Offender Declarations
      • Unlicensed Driving
      • Negligent, Reckless & Dangerous Driving
    • Wills & Estates
      • Defending or Contesting a Will
      • Guardianship
      • Power of Attorney
      • Probate
      • Wills
  • Results
  • Our People
  • Knowledge Centre
  • Join Prime
  • Locations
  • About us
  • Areas of Law
    • Business Law
    • Property & Conveyancing
    • Criminal Law
    • Debt Recovery & Litigation
    • Family Law
    • Traffic Law
    • Wills & Estates
  • Results
  • Our People
  • Knowledge Centre
  • Join Prime
  • Locations
  • About us
1800 529 529 Free Case Evaluation

Debt Recovery & Litigation

Services

  • Bankruptcy
  • Corporate Insolvency
  • Litigation & Commercial Disputes
  • Mercantile and Debt Collection Agencies
  • Small Claims Debt Recovery
  • Strata Levy Collection

Locations

  • Debt Recovery & Litigation Lawyers Sydney
  • Debt Recovery & Litigation Lawyers Parramatta
  • Debt Recovery & Litigation Lawyers Chatswood
  • Debt Recovery & Litigation Lawyers Sutherland Shire
  • Debt Recovery & Litigation Lawyers Wollongong
< Back to Bankruptcy

How to Serve a Bankruptcy Notice

Once you have caused AFSA to issue a Bankruptcy Notice (“Notice”) it is necessary for you to arrange service of the Notice on the debtor. Service must take place within six months of the date the Notice was issued.

There are a number of ways that a Notice can be served. These are set out in Regulation 16.01 of the Bankruptcy Regulations 1996 and include:-

Personal Service

Personal service involves an individual (most commonly a process server) locating the person to be served, identifying that person and physically handing the document to that person. The process server then swears an Affidavit of Service, proving that the document was personally served. This Affidavit of Service can be relied on in legal proceedings as proof of service. Personal service is therefore most effective and the mode that is hardest for the debtor to deny service. However, it is most costly as it requires a person to physically serve the document, and is limited if the person to be served is avoiding service.

Service by Post

The Notice can be posted to the last known address of the debtor. This method is useful if the debtor is avoiding service. It is also more cost effective than personal service. The person serving the Notice by post should also swear an affidavit as to posting. A difficulty with this method is that service is presumed, but not certain. It is possible that a debtor might, in any court proceedings regarding the Notice, lead evidence that the Notice was not actually received by the debtor.

Delivery

It is permitted to serve a Notice by delivering it to the debtor’s address or last known address (but short of handing it personally to the debtor). Delivery provides additional certainty that the Notice reached its destination (for example, removing the risk that is it lost in the main) however it still relies on a presumption that it has been received by the debtor.

Facsimile or Electronic Transmission

Similarly to service by post, a copy of the Notice can be served on the debtor by facsimile or electronic transmission. Therefore, for example, if an email address of the debtor is known (particularly one that is active and through with you have been corresponding with the debtor) service can be simply effected by email. Again, an affidavit to that effect should be prepared.

Substituted Service

The methods of service permitted by Regulation 16.01 are now quite broad. However, in circumstances where the permitted means of service are not available, it is possible to seek alternative orders from the court regarding substituted service. If it can demonstrated to the Court in a particular case that any other method/s of service are likely to bring the document to the debtor’s attention then the court may order service by such method/s.

If you are in need of advice concerning bankruptcy proceedings then get in touch with your nearest Prime Lawyers Office.

Call today to speak with one of our debt recovery, litigation and bankruptcy lawyers Sydney, Parramatta, Chatswood, Sutherland and Wollongong.    

Make Contact

  • Free Case Evaluation
  • Costs

    Type of Enquiry*

    *Required Fields

      Tell us about your legal matter so we can provide you with a no obligation quote or details of our costs to help you.

      *Required Fields

      If you would prefer to talk, call us on 1800 529 529

      • Areas of Law
        • Estates
        • Family
        • Criminal
        • Traffic
        • Property & Conveyancing
        • Debt
        • Business
      • Our People
      • Results
      • Knowledge Centre
      • Join Prime
      • Locations
      • About Us

      @PrimeLawyers This is twitter:

      • Fixed fee Divorce. Talk to us today about how we can help you streamline your Application for Divorce. https://t.co/h9vhtqk3jB3 days ago

      @PrimeLawyers

      Prime Lawyers

      Make an Enquiry

      Costs

      Free Case Evaluation