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Catch me if you can : the effective service of bankruptcy documents in a changing world

Kiel-Chisholm, Scott D. (2010) Catch me if you can : the effective service of bankruptcy documents in a changing world. Insolvency Law Journal, 18(4), pp. 197-212.

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Abstract

This article discusses some recent judicial decisions to assist legal practitioners to overcome some of the problems encountered when serving Bankruptcy Notices and Creditor’s Petitions. Some of the issues covered in the discussion are: What the valid last-known address of the debtor can be, whether a Bankruptcy Notice can be validly served by email on a debtor who is located outside Australia, whether service of a Bankruptcy Notice is valid when the debtor is outside Australia when service on the debtor occurs in Australia, whether the creditor’s failure to obtain leave for service of a Bankruptcy Notice can be excused, what can be done regarding personal service of a Creditor’s Petition when a debtor is outside Australia and whether the Court can set aside a sequestration order. The article goes on to place the issues in the context of broader bankruptcy policies noting that effective service of bankruptcy documents is challenging in a world where mobility of debtors is global and new modes of communication ever changing.

Impact and interest:

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ID Code: 39347
Item Type: Journal Article
Additional Information: The published article can be made available on the University’s ePrints repository provided it should be made three months after publication at Thomson Reuters.
Keywords: Bankruptcy, Service, Bankruptcy Notice, Creditor's Petition, Insolvency
ISSN: 1039-3293
Subjects: Australian and New Zealand Standard Research Classification > LAW AND LEGAL STUDIES (180000) > LAW (180100) > Litigation Adjudication and Dispute Resolution (180123)
Divisions: Current > QUT Faculties and Divisions > Faculty of Law
Current > Schools > School of Law
Copyright Owner: Copyright 2010 Thomson Legal & Regulatory
Deposited On: 04 Jan 2011 12:21
Last Modified: 01 Mar 2012 00:29

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