In the matter of Fugace Pty Limited

Fugace Pty Limited was the subject of a statutory demand from another party. The demand was not paid, leading to an application by the creditor to set aside the demand. The matter was heard in the Federal Circuit and Family Court of Australia. The primary issue before the court was whether the application to set aside was properly served on the defendant. The crux of the dispute lay in determining whether the service was effective under the concept of "effective informal service," particularly given that the address for service was that of the defendant's solicitors.

The court needed to decide if the service was valid when the plaintiff attempted to serve the application by email, despite the defendant's solicitors previously stating that email service was not accepted. The court considered whether the email service could be deemed effective despite the prior communication rejecting email service. Additionally, the court examined whether the informal service, via email, was reasonable in the circumstances, particularly given the urgency of the matter.

The court concluded that the email service was indeed effective. Despite the prior communication rejecting email service, the email was sent during business hours and no evidence suggested that it was not received. The court found that it was reasonable to infer that the city solicitors received the email during business hours, especially considering the time-critical nature of the application. Consequently, the court deemed the service to be valid, and dismissed the application to set aside the statutory demand.