Commonwealth Consolidated Regulations

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BANKRUPTCY REGULATIONS 1996 - REG 16.01

Service of documents

             (1)  Unless the contrary intention appears, where a document is required or permitted by the Act or these Regulations to be given or sent to, or served on, a person (other than a person mentioned in regulation 16.02), the document may be:

                     (a)  sent by post, or by a courier service, to the person at his or her last-known address; or

                     (b)  left, in an envelope or similar packaging marked with the person's name and any relevant document exchange number, at a document exchange where the person maintains a document exchange facility; or

                     (c)  left, in an envelope or similar packaging marked with the person's name, at the last-known address of the person; or

                     (d)  personally delivered to the person; or

                     (e)  sent by facsimile transmission or another mode of electronic transmission:

                              (i)  to a facility maintained by the person for receipt of electronically transmitted documents; or

                             (ii)  in such a manner (for example, by electronic mail) that the document should, in the ordinary course of events, be received by the person.

             (2)  A document given or sent to, or served on, a person in accordance with subregulation (1) is taken, in the absence of proof to the contrary, to have been received by, or served on, the person:

                     (a)  in the case of service in accordance with paragraph (1)(a) or (b)--when the document would, in the due course of post or business practice, as the case requires, be delivered to the person's address or document exchange facility; and

                     (b)  in the case of service in accordance with paragraph (1)(c), (d) or (e)--when the document is left, delivered or transmitted, as the case requires.



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