Is a Statutory Demand a Document in a Legal Proceeding? A Surprisingly Vexed Definitional Issue Finally Coming to an End?

An unnecessary debate has emerged in the literature, among practitioners, and among Judges, as to whether a statutory demand can or cannot be served by email. The focal point of the debate is whether a statutory demand is a document 'in a legal proceeding'. With respect to those who have spilled ink on issue (judicial or otherwise), the answer is clear: a statutory demand is not a document in a legal proceeding. They can therefore be served by email. This article makes that case from several different angles