Kookaburra Educational Resources Pty Limited v MacGear Limited Partnership trading as MacGear Australia, in the matter of Kookaburra Educational Resources Pty Limited

The application by Kookaburra Educational Resources Pty Limited to set aside a statutory demand made by MacGear Limited Partnership trading as MacGear Australia was dismissed by the court. The dispute centred on whether Kookaburra's application was filed and served within the 21-day statutory period stipulated by the Corporations Act 2001 and whether the statutory demand was null and void. The primary issue was the validity of the service of the statutory demand, and whether the demand complied with the prescribed form. The court held that the application was not filed within the statutory period and that the demand was not null and void due to the informal service method employed. The court further held that the Service and Execution of Process Act 1992 did not apply to the service of statutory demands and that the subsequent service of duplicate statutory demands did not restart the statutory period. The court granted leave to rely on affidavits filed in irregular form, and the issue of costs was to be determined on the papers unless either party sought an oral hearing.

The legal issues before the court were whether Kookaburra's application to set aside the statutory demand was filed and served within the 21-day statutory period stipulated by the Corporations Act, and whether the statutory demand was null and void. The court found that the application was not filed within the statutory period, and that the demand was not null and void due to the informal service method employed. The court held that the Service and Execution of Process Act 1992 did not apply to the service of statutory demands, and that the subsequent service of duplicate statutory demands did not restart the statutory period. The court also found that the demand did not specify the address for service at the registered office of the creditor, but that this did not render the demand null and void in the absence of exceptional circumstances. The court granted leave to rely on affidavits filed in irregular form, and the issue of costs was to be determined on the papers unless either party sought an oral hearing.