TAS: Claimant Serves s21(4) Notice

Claimants should type the notice on letterhead, complete the date and $ fields and sign the notification. The most common method of service is fax to the respondent's ordinary place of business.

The claimant should ensure that the fax journal report is retained in the event of a dispute as to the date of service or whether the notification was served at all. All fax machines provide at least three journal report options.

  1. No report
  2. One line report so as reports of many faxes are on one page
  3. Full page report showing the time, date, fax number and partial photocopy of the first page of the notification.

The full page report (Option 3) is strongly preferred if there is a dispute over service.

Other methods of service are in accordance with any contract provision or served in accordance with the Act by delivering it:

  1. Courier - signature required
  2. Mail - Express Post: keep express post tracking number for delivery verification
  3. Platinum Post: signature required
  4. Ordinary Post: make a statement verifying the address, date of postage and other relevant details
  5. Email (only to an email address which has a history of usage between the parties and/or as an agreed method of service of notices) - In email options, tick both "request a delivery receipt" and "request a read receipt"
  6. A method prescribed under the relevant construction contract.

It is most important that the claimant keeps a record of the time, date and manner of service as time runs from the date of service.

Please move to the next step on the flowchart being "Respondent has 5 business days from receipt of s21(4) Notice from Claimant to prepare & serve Payment Schedule".

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