Low v Maye

Jennifer Elizabeth Low, as trustee of the bankrupt estate of Linfield Michael Sean Maye, applied to the Federal Circuit Court of Australia for orders under section 146 of the *Bankruptcy Act 1966* (Cth). The substantive application sought orders concerning the costs and administration of the bankruptcy, the distribution of dividends to creditors, the payment of interest, and the entitlement of the bankrupt to any surplus funds. Due to difficulties in serving the bankrupt, Ms. Low also made an interim application for substituted service of the substantive application.

The court was required to determine whether to grant the interim application for substituted service of the section 146 application. This involved considering the proposed methods of service, which included posting the application and supporting affidavit to two postal addresses held for the bankrupt and sending an SMS message to his mobile telephone number. The court also needed to consider the legal test for granting an order for substituted service.

In determining the application, the court applied the test for substituted service, which requires demonstrating that the proposed method is likely to bring the proceedings to the attention of the respondent. The court found that the proposed methods of posting to the bankrupt's known postal addresses and sending an SMS message to his mobile telephone number were likely to achieve this. Consequently, the court ordered that personal service be dispensed with and that service be effected by posting the documents to the specified postal addresses and sending an SMS message to the given mobile number.

The court made orders dispensing with personal service of the applicant's section 146 application on the respondent. Service was permitted by posting the application and supporting affidavit to two specified postal boxes and by sending an SMS message to the respondent's mobile telephone number. These methods of service were deemed good and sufficient, and service was deemed to occur on the next business day following the posting and SMS transmission. The costs of the application for substituted service were reserved, and the substantive matter was adjourned for hearing.