The Full Federal Court of Australia has recently handed down a judgment confirming bankruptcy notices issued via AFSA’s online services website  are valid.

When issuing a bankruptcy notice submitted online, AFSA emails a PDF version of the bankruptcy notice and underlying judgment to the online services user. It was argued that  bankruptcy notices issued via this method are invalid because, although the bankruptcy notice and judgment are both attached to one email, they are not attached to one another.

The court found that attaching the two documents to one email was the electronic equivalent of ‘fastening’ them together. It also observed that, had they been in one PDF, it could be argued they were one document, rather than a notice and an attachment.

The full judgment is available here.

For more information please contact Daren Anderson.