The Bankruptcy Regulations 2021 (Cth) effectively put an end to electronic service of bankruptcy notices because such service was required to be done under the Electronic Transactions Act 1999 ( Cth), and under that act service was only effective if the debtor consented to accept service electronically . This requirement could not be waived later by the debtor ; strict compliance with the requirements of the regulations was confirmed in Re Robert Henry Hamlin Ex Parte: South Properties Development Pty Ltd [1985] FCA 447.
Under the 2022 regulations, the prior consent of the debtor to electronic service of a bankruptcy notice is not required and the 21 day compliance period is calculated from the time of transmission rather than of actual receipt.
