Insolvency, Restructuring and Dissolution Act 2018 · 2020 Revised Edition · Part 23 · Miscellaneous and General Provisions
442. Electronic delivery in insolvency proceedings — general
Feedback & supportUnless in any particular case some other form of delivery is required by this Act, the regulations, the rules or an order of the Court and subject to subsections (3) and (4), a notice or other document may be given, delivered or sent by electronic means provided that the intended recipient of the notice or other document has —
consented (whether in the specific case or generally) to electronic delivery (and has not revoked that consent); and
provided an electronic address for delivery.
In the absence of evidence to the contrary, a notice or other document is presumed to have been delivered where —
document
“document” includes any summons, order or other legal process, any notice and any register;
the sender can produce a copy of the electronic message which —
contained the notice or other document, or to which the notice or other document was attached; and
shows the time and date the message was sent; and
that electronic message contains the address provided under subsection (1)(b).
A message is deemed to have been delivered to the recipient at 9 a.m. on the next business day after the message was sent if the message was sent electronically —
business day
“business day” means any day other than a Saturday, Sunday or public holiday;
after 6 p.m. but at or before 11.59 p.m. on a business day; or
on a day other than a business day.
A message sent electronically before 9 a.m. on a business day is deemed to have been delivered to the recipient at 9 a.m. on that business day.