It is said on this thread that the court sending a letter to inform a claimant that he should attend to stat dec hearing is contrary to the act, the CPR and just about everything.
I have yet to see where any of these enactment state this.
The fact is that an application is not served on the court unless it is correctly sent within the allotted time or within an extension of time as permitted by the court.
It is not only a matter of how it is sent or delivered but it must be sent within 21 days of the person becoming aware of the case. If it is not then there is no service to the court.
The debtor will give reasons why a SD is presented and the court will decide; (a) if they believe him, and (b) if late, if an application to extend the 21 days under sub section 3 is appropriate.
It is quite legal to ask the debtor to attend and present his case.
As I said, if he does not attend the court will simply rule that the SD was not correctly served.
This, i repeat is not to discuss the statutory declaration or how it is sent, this is to discuss its late presentation.
I would agree with the lawyers observation (that the courts objective is that the case against the debtor should be re-heard immediately following the granting of the statutory declaration).....and as I see it, this procedure works well.