Anne v Ask Funding Ltd (No.2)

Anne (the bankrupt) sought to set aside a bankruptcy notice issued by Ask Funding Ltd (the creditor) on the grounds that the notice was invalid. The dispute concerned the validity of the bankruptcy notice, which the bankrupt alleged was defective due to non-compliance with the *Bankruptcy Act 1966* (Cth) and the *Bankruptcy Regulations 1996* (Cth). The matter came before Jarrett J in the Federal Court of Australia.

The primary legal issue before the Court was whether the bankruptcy notice was validly served on the bankrupt. Specifically, the Court had to determine if the creditor had complied with the requirements for service of a bankruptcy notice, particularly in light of the bankrupt's assertion that she had not received the notice. This involved an examination of the relevant provisions of the *Bankruptcy Act* and *Bankruptcy Regulations* concerning the proper method and proof of service.

Jarrett J considered the provisions of section 41(1)(g) and 41(3)(b) of the *Bankruptcy Act*, which prescribe the requirements for service of a bankruptcy notice. His Honour found that the creditor had failed to establish that the notice had been served in accordance with the Act. The evidence presented by the creditor did not sufficiently demonstrate that the notice had been sent to the bankrupt's last known address or that it had been served in a manner that would create a presumption of receipt. Consequently, the Court concluded that the bankruptcy notice was invalid.

The Court ordered that the bankruptcy notice issued by Ask Funding Ltd be set aside.