I've been served documents and I'm out of time, please help me!
6th February 2020
HAVE YOU BEEN SERVED DOCUMENTS?
Wishing everyone a fantastic 2020 and may the Year of the Rat bring great health, wealth and happiness.
Moving is very traumatic and often one forgets to advise every one of their new address. Businesses often move address or have their registered address with an agent. When documents are sent to a registered address of a person or company there is a specific time for response otherwise certain action will follow. This can be in the case of a demand for payment or a letter from such government departments such as the Australian Tax Office or Australian Securities and Investment Commission. Under the Road Transport (Driver Licence) Regulations 2017 you are obliged to advise the Department of Roads and Maritime of your change of address within 14 days. If you do not advise you are subject to losing 2 demerit points and a fine of $114.00.
My client in this case had been served a Statement of Claim at his accountant’s office who forwarded it to the former address of the business. My client received it after the 28-day response period. The plaintiff had applied for and had obtained a default judgment due to no defence being filed in time. I was able to have the default judgment removed and successfully negotiated on behalf of my client to finalise the case.
It is very important to ensure that you always update your address if you move your residence or business. If I can be of service to assist you or anyone you know, please contact me.
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