The proposed increase in the cost of Australia Post’s prepaid postage costs and the corresponding introduction of a two speed delivery system will have significant impact on most consumer and business contracts.

If, as is proposed, regular mail will have a 3 day delivery time instead of next day delivery (within metropolitan areas of capital cities, towns or environs within the same state) the presumption in many contracts that prepaid mail will be deemed to have been delivered to another party on the next business day will be inappropriate.

Even Australia Post’s current delivery times between metropolitan cities and rural locations no longer satisfy most contract terms.

Of course if a notice is business critical and needs to be delivered by a hard copy letter it will usually be hand delivered or couriered or sent by Express Post (for next business day delivery, hopefully).

Can important notices be sent by email? You need to check the contract.

Contract notice provisions are typically included in the “boilerplate” clauses at the back of the contract.

I regularly review contracts that do not provide for email delivery of notices.

It could be suggested that not allowing for email delivery is a deliberate decision were it not for the fact that delivery by fax is usually specifically allowed. Many faxes today are in fact delivered via email.

Next time you review a contract or send an important notice I suggest you carefully review the notice provisions.