Bankruptcy law has been changed to allow service by email without asking the person in advance whether they consent to being served by email.
This is a concept I have referred to by reference to the Red Flag Act of 1865 when early cars required a man with a red flag to walk ‘60 yards’ ahead to alert ‘the Riders and Drivers of Horses’ of the car’s approach. Speed limits were imposed of 4mph in the country and 2mph in towns. Reform of insolvency communications by email, and beyond | Murrays Legal
The Bankruptcy Amendment (Service of Documents) Regulations 2022 and the Explanatory Statement remove the need for any warning of an email being on its way and so address at least one of the problem issues about service that I raised with AFSA and others, set out here: Electronic delivery of documents in bankruptcy and liquidation – continued | Murrays Legal
