The background facts
14 Satellite is a telecommunications carrier licensed under the Act. In January 2012, Mr Wallace became aware that Satellite needed to expand the radio signal coverage of its network in and around the area surrounding the Tower. In his affidavit, Mr Wallace says this:
Radio signals must be of a sufficient level to allow communication and the siting of an antenna plays a crucial role in delivering these levels, ensuring network quality. When planning for a site to install a low-impact facility, it is necessary to take into account several factors including the distance between customers' various properties and the proposed base station, antenna height of the base station, local terrain and any physical obstructions to signals. Computer modelling and field visits are used by [Satellite] to identify suitable location candidates. Following a detailed candidate assessment undertaken by [Satellite], the Tower was selected as being a suitable location which would provide coverage to be able to provide the necessary services to [Satellite's] existing and any new customers in the area.
15 Mr Wallace says that he can say with "certainty" that the type of facility that Satellite wishes to install on the Tower, and the works Satellite proposes to undertake on-site at the Tower, "would have zero or a negligible impact or affect on the [water storage and clean water service provision] operations of [the Council]".
16 On 12 January 2012, Mr Kiddle received an email from Mr Prados-Valerio attaching a document on the letterhead of Barringer Leather Lawyers dated 11 January 2012 bearing the heading "Land Entry Activity Notice". By the Notice, Mr Prados-Valerio said that by operation of the Telecommunications Act , Satellite wished to access, enter upon and inspect the land on which the Tower was located, on a nominated date, so as to determine whether the roof of the Tower was suitable for the installation of a "low-impact facility". The content of this notice is not relevant to the source of Satellite's rights in issue in these proceedings. The relevance of the earlier Notice, however, goes to the question of the postal address adopted by Allconnex in its responsive letter, the postal address used by Satellite in its exchanges with Allconnex and the exchanges between the two organisations.
17 The Notice of 11 January 2012 was addressed to "Allconnex Water" at "PO Box 8042 GOLD COAST MC 9726".
18 On 13 January 2012, Mr Kiddle responded to the 11 January 2012 Notice he had received by email the day before. He sent an email to Mr Prados-Valerio attaching a responsive letter. Mr Kiddle's letter is written under the letterhead of "Allconnex Water" and immediately under the letterhead it recites as a postal address for Allconnex an address in these terms: "PO Box 8042 Gold Coast MC 9726". In Mr Kiddle's response to Mr Prados-Valerio's Notice on behalf of Satellite, Mr Kiddle foreshadowed some issues of concern to Allconnex which were agitated in the present proceeding by the Council in response to Satellite's assertion of rights under the Act by operation of the later LAAN.
19 In Mr Kiddle's letter of 13 January 2012, he said this, among other things:
As we have previously advised your client, Allconnex Water cannot allow access to this water reservoir as it has been tagged out for access due to the unsafe condition of aspects of the facility which do not meet current work health and safety standards.
In any event, given the nature of the asset, in accordance with section 192 Water Supply (Safety and Reliability) Act 2008 [Qld] (Water Supply Act) Allconnex Water will not allow its infrastructure to be interfered with without its written consent.
As you may appreciate, Allconnex Water is statute-bound and committed to maintaining the security of its assets and the water that it supplies to the community. Accordingly and notwithstanding that your client's investigations are in preliminary stages, any proposal that eventuates which involves interference with this asset is not likely to be accepted, having regard to the obligations Allconnex Water has to its people and the community which it serves.
…
Importantly, due to impending legislative reform under which the business and assets of Allconnex Water is to be returned to its respective three shareholder Councils on 1 July 2012, any negotiations had in respect of any proposal that your client may wish to make in respect of this site, and any agreement reached, will be subject to and conditional upon the approval of Gold Coast City Council/Gold Coast Water being obtained.
[emphasis added]
20 In that letter, Mr Kiddle suggested that Allconnex would be willing to engage in discussions with Satellite about the possibility of accommodating Satellite's requirements at an alternative location.
21 On 24 February 2012, Mr Wallace instructed Mr Gregory Leather of Barringer Leather Lawyers to serve by post on behalf of Satellite a Land Access and Activity Notice under the Act on Allconnex notifying it of Satellite's intention to access the Tower and the land on which it is located so as to perform the installation of a low-impact facility in relation to the Tower. On 24 February 2012, Mr Prados-Valerio sent two documents to Allconnex. The first document is a letter under Mr Prados-Valerio's name on the letterhead of Barringer Leather Lawyers dated 24 February 2012. The letter is addressed in this way: "Allconnex Water PO Box 8042 GOLD COAST MC 9726". The letter is marked: "Attention: The Proper Officer". The letter explains that Satellite is a licensed carrier under the Act; Satellite intends to occupy the land (as defined) to undertake the described low-impact activities on the land and buildings; Satellite's activities are said to comply with the Act and the Telecommunications (Low Impact Facility) Determination Act 1997 (Cth) (the "Determination Act"); and the letter encloses a Land Access and Activity Notice on behalf of Satellite representing "formal notification" of Satellite's intention to install a low-impact facility on the land in conformity with the Act, regulations made under the Act, the Code and the Determination Act.
22 The second document is Satellite's LAAN dated 24 February 2012. That document is also on the letterhead of Barringer Leather Lawyers under the authorship of Mr Prados-Valerio and bears the title "Activity Notice". The Notice is addressed in this way: "Allconnex Water PO Box 8042 GOLD COAST MC 9726" and is also addressed: "Attention: The Proper Officer".
23 The Notice tells Allconnex that Satellite is a licensed carrier; in order to provide its services, Satellite requires access to the land (comprising the Tower and the land upon which it stands) so as to install a low-impact facility on the roof of the Tower; the activities involve the supply and installation of an antenna system as shown in attached plans, the installation of cables in cable trays and riser shafts, and the connection of 240 volt power and telecommunications lines to particular radio equipment; the activities would commence on 27 March 2012 with final work being completed six weeks after commencement; and other matters to which Allconnex's attention is drawn, such as, the likely effect of the activities on the land, Satellite's methodology for minimising detriment and inconvenience, the occupier's rights to compensation, the land owner/occupier's rights of objection to Satellite's exercise of power, and other matters.
24 The Notice attaches a number of documents comprising a plan depicting the location on the Tower of the proposed site equipment, a diagram of the proposed site equipment to be installed on the land, material describing aspects of the equipment and an owner's checklist.
25 It is not necessary at this point to describe in real detail the scope of the activities or the equipment to be installed in furtherance of the LAAN. It is common ground between the parties that the proposed work to be done on the Tower involves activities properly described as the installation of a low-impact facility as defined by cl 6(3), Schedule 3 and the Determination Act (T, p 13, ln 30). However, the equipment can be described briefly. The proposed work, based on the technical plans attached to the LAAN, include the installation of one outdoor telecommunications cabinet (212cm x 60cm x 80cm); two single pole antenna mounts each hosting a 120cm parabolic dish; and two single pole antenna mounts each hosting three 60cm x 60cm flat panel antennas.
26 The proposed work is properly characterised as the installation of a low-impact facility.
27 Mr Prados-Valerio, in his affidavit of 3 July 2012, sets out what he describes as the "precise steps taken" by him in dispatching the letter of 24 February 2012 and the LAAN of that date to Allconnex.
28 Mr Prados-Valerio says that the postal address for Allconnex was obtained by searching the website for Allconnex and interrogating the tab "Contact Us" on the website. A screen shot of the webpage under that reference says this:
There are a number of ways you can contact us:
Phone
1300 000 WATER (1300 000 928)
+ 61 7 3412 5494
Fax
1300 009 824
Email
info@allconnex.com.au
Post
PO Box 8042
Gold Coast MC 9726
[emphasis added]
29 Mr Prados-Valerio says that the postal address on the website is consistent with the postal address adopted by him in exchanges previously with Mr Kiddle on other unrelated matters and Barringer Leather Lawyers have received letters in reply confirming receipt of correspondence by Allconnex at the postal address so used. This postal address is also recited on Allconnex's letterhead as Allconnex's postal address and is the same postal address set out as part of the email signature block adopted by Mr Kiddle which apart from telephone, fax and email references, is in these terms:
Hamish Kiddle
Senior Manager Legal
Allconnex Water
PO Box 8042 Gold Coast MC 9726
[original emphasis]
30 As to the manner of dispatch of the two documents, Mr Prados-Valerio says that on the afternoon of 24 February 2012 he "distinctly" recalls folding the cover letter from Barringer Leather Lawyers dated 24 February 2012 and the LAAN dated 24 February 2012 before placing both documents into an envelope (110mm x 220mm) and sealing the envelope. He then wrote on the front of the envelope in blue pen the following:
Allconnex Water
PO Box 8042
GOLD COAST MC 9726
Attention: The Proper Officer
31 On the back of the envelope he wrote in blue pen the following:
Barringer Leather Lawyers
Level 1
600 Darling Street
ROZELLE NSW 2039
32 Mr Prados-Valerio then affixed a pre-paid 60c stamp to the envelope and then personally walked to a posting box called the "Red Street Posting Box" located directly outside the Rozelle Post Shop at 659 Darling Street, Rozelle, NSW, 2039. Mr Prados-Valerio personally placed the envelope into the Red Street Posting Box. He then returned to the offices of Barringer Leather Lawyers and "immediately" sent an email to Mr Wallace confirming that Satellite's LAAN had been sent to Allconnex. In order to fix, for the purposes of these proceedings, aspects of the timing, Mr Prados-Valerio exhibits to his affidavit of 3 July 2012 (APV-3) a copy of the email sent to Mr Wallace on 24 February 2012 at 3.11pm attaching a copy of the letter and the LAAN both of 24 February 2012 advising Mr Wallace that the documents had been sent to Allconnex that day.
33 In Satellite's LAAN dated 24 February 2012, Mr Prados-Valerio set out the time frame within which Allconnex was required to address in writing any objections to the proposed activity. Relevantly for present purposes, any objection to the low-impact activities was to be given to Satellite care of Barringer Leather Lawyers at the nominated address at least five business days before the date nominated by Satellite for commencing the activities (which was to be 27 March 2012).
34 No objection was received by Barringer Leather Lawyers or Satellite.
35 On 20 March 2012, Mr Wallace instructed Barringer Leather Lawyers to send a further letter to Allconnex confirming a number of matters including service by post of the LAAN on 24 February 2012; no objection having been received; Satellite's intention to proceed with its low-impact facility installation as proposed in the LAAN; and, Satellite's intention to attend the site and, in particular, the Tower on 27 March 2012 at 9.00am to engage in the activities the subject of the LAAN. Mr Wallace also requested Barringer Leather Lawyers to seek confirmation from Allconnex that it would not interfere with or prevent Satellite from engaging in the activities the subject of the LAAN.
36 On 20 March 2012, Mr Prados-Valerio sent a letter on the letterhead of Barringer Leather Lawyers addressed in this way: "Allconnex Water; PO Box 8042; GOLD COAST MC 9726; Attention: The Proper Officer". In that letter, Mr Prados-Valerio referred to the LAAN dated 24 February 2012 which was described by Mr Prados-Valerio as a document that was served by post on Allconnex Water on 24 February 2012. The letter observes that Barringer Leather Lawyers did not receive any objections to Satellite's LAAN within the time frame stipulated by Chapter 4, s 4.32 of the Code. The letter asserts that Allconnex was thus statute-barred from raising any objection to the activities contemplated by the LAAN and that Satellite was entitled, pursuant to the Code, to engage in those activities. The letter also observes that the LAAN nominated 27 March 2012 as the proposed commencement date of entry and engagement in the activities with final work to be completed six weeks after commencement. The letter also said (and described the manner as a confirmation) that Satellite would be attending the Tower at 9.00am on 27 March 2012 as notified in the LAAN. Consistent with Mr Wallace's request, the letter seeks confirmation in writing from Allconnex that access to the water tower would be provided to Satellite at the nominated time and thereafter as may become necessary until completion of the activities.
37 The letter also observed that Satellite had previously been subjected to lengthy delays when it attended the Tower site for the purpose of a site inspection as the representative of Allconnex on that day had failed to bring to the inspection meeting a key to the door of the water tower. Against that background, Satellite, through Mr Prados-Valerio, requested Allconnex to ensure that any representative of Allconnex attending the site to meet Satellite's representatives on 27 March 2012 would have with them the key for the facility. The letter also addressed other steps that might become necessary should Allconnex fail or refuse to allow Satellite access to the land or prevent Satellite's entry, occupation and installation of the low-impact facility.
38 Mr Kiddle says that on 27 March 2012 he was provided with a letter from Barringer Leather Lawyers dated 20 March 2012, by the Allconnex "mailroom". The letter was date-stamped by staff within the Allconnex mailroom as having been received by Allconnex on 22 March 2012.
39 It follows that five days after the receipt by Allconnex at its mailroom, the 20 March 2012 letter reached Mr Kiddle.
40 Mr Kiddle observes that the 20 March 2012 letter made reference to a LAAN on behalf of Satellite dated 24 February 2012 which Mr Kiddle describes as "purportedly" sent to Allconnex. Mr Kiddle says he first became aware of Satellite's LAAN when he read about it in the 20 March 2012 letter. On 27 March 2012 after having read the 20 March 2012 letter, Mr Kiddle telephoned Mr Prados-Valerio and told him that Allconnex had not received the LAAN. Mr Kiddle asked Mr Prados-Valerio what steps he had taken to "confirm" that Allconnex had received the LAAN and was told that no steps had been taken to confirm Allconnex's receipt of the Notice as such steps were not required of Satellite under the Act.
41 Mr Kiddle told Mr Prados-Valerio that as Satellite's LAAN had not been received by Allconnex "until earlier that day", access as "requested" in the LAAN could not be facilitated. Mr Kiddle says that he requested Mr Prados-Valerio to "effect proper service of the access notice" if Satellite wished to continue with the proposed activities described in the LAAN. Mr Kiddle requested Mr Prados-Valerio to send him a copy of the access notice by email.
42 Shortly after the conversation that day, Mr Prados-Valerio sent an email to Mr Kiddle attaching a copy of Satellite's LAAN as requested. Mr Kiddle says that this was the first time that he saw Satellite's LAAN.
43 On 27 March 2012, Mr Kiddle sent a letter by email to Mr Prados-Valerio. In that letter, Mr Kiddle said this:
We refer to your letter dated 20 March 2012 which was received by the writer today and to the writer's subsequent conversation with you.
As advised, save for the copy that you provided by email to the writer upon request subsequent to our conversation today, we confirm that we have not received your client's Land Access and Activity Notice dated 24 February 2012.
Accordingly, we suggest that if your client wishes to continue with its proposed activity that it properly effects service of a [LAAN] as it is required to do so, either personally or by post to our head office as follows:
Allconnex Water
Attention: Mr Ray King, Senior Manager Property Services
Level 1 The Rocket
Cnr Laver Drive and Robina Town Centre Drive
ROBINA QLD 4226
Given the many past communications by email between us, we suggest that it is appropriate that your client also provides a copy of the notice to the writer by email at [and then Mr Kiddle's nominated email address].
Naturally as your letter of 20 March 2012 and [the LAAN] of 24 February 2012 have only come to our attention today, we are not in a position to facilitate access which we note was sought by your client commencing 9am today.
[emphasis added]
44 The letter then reasserts aspects of the matters set out in Allconnex's letter of 13 January 2012 described earlier in these reasons.
45 It follows from Mr Kiddle's letter of 27 March 2012 that Allconnex, in the course of its daily engagement with a telecommunications carrier, accepted at least in its direct commercial dealings inter parties that a Land Access and Activity Notice under the Act and related instruments might properly be served upon Allconnex by post. The point of departure between Satellite and Allconnex, in the correspondence, was that in order to be properly served by post a LAAN would be required to be addressed to Allconnex to the attention of Mr King and addressed in the way described at [43].
46 Ms Megan Cappelleri says that at the relevant time (February and March 2012) she was employed by Allconnex as Group Manager Knowledge Services.
47 Her responsibilities included, among other things, the management of the Information Services Department which manages Allconnex's records. Her role included responsibility for the efficient organisation and management of documents, records, web content and other digital information.
48 Ms Cappelleri says that mail received in Allconnex's Post Office Box 8042 at the Gold Coast Mail Centre is dealt with according to commercial arrangements put in place between Allconnex and Australia Post for the sorting each morning of Allconnex's mail received at the Post Office Box, by Australia Post staff.
49 Each morning Australia Post staff sort the mail into three categories which Ms Cappelleri describes as categories A, B and C.
50 Category A mail consists of all mail that has any marking on the envelope such as "Personal", "Private" or "Confidential" that suggests that it should only be opened by the addressee, and also all mail that has any markings on the envelope that suggests that the mail relates to a legal matter concerning Allconnex. As to the latter, such markings might include the name or details of a law firm printed on the envelope or the name or details of a Court printed on the envelope, or mail addressed to Ms Nant, Allconnex's General Counsel at that time.
51 Category A mail is not opened by Australia Post staff.
52 The envelopes for Category A mail are date-stamped by Australia Post staff. The mail is put into a satchel and the satchel is delivered by courier to Allconnex's mailroom at Allconnex's premises at Level 2, The Rocket, 203 Robina Town Centre Drive, Robina at 8.15am every morning. Allconnex's staff in the mailroom take the mail from the satchel and sort it for distribution to the intended recipients. Mailroom staff do not open Category A mail unless the appropriate Allconnex's staff member, or the area with responsibility for the mail, cannot be identified from the envelope. In that case, the envelope is opened to determine the area of responsibility within Allconnex or to identify the person to whom the Category A mail should be directed.
53 The Allconnex mailroom has a number of "pigeon holes" which are located in the main foyer on Level 2 of The Rocket at 203 Robina Town Centre Drive. If the mail is addressed to Ms Nant it is put into her designated pigeon hole by the mailroom staff. If mail is not addressed to her but appears to be of a legal nature from any marking on the envelope or is addressed to a person within the legal group, it is placed by the mailroom staff in a designated pigeon hole for the legal group. Other mail from the satchel is similarly placed by the mailroom staff in the relevant pigeon holes designated for other areas within Allconnex.
54 Ms Cappelleri says that she is aware that Allconnex's staff check mail pigeon holes for their relevant areas and retrieve such mail on a regular basis. Ms Cappelleri is aware that the mail is normally then opened and if the mail relates to Allconnex's water business, the mail is usually returned to the mailroom after it is read and actioned, in accordance with Allconnex's records management policy. Certain classes of mail are not returned to the mailroom such as mail of a personal nature. When mail is returned to the mailroom, mailroom staff date-stamp the actual correspondence. The correspondence is then scanned and the scanned copy is uploaded onto Allconnex's electronic records management system. Mailroom staff also fill out a profile form for the correspondence on the electronic records management system. Information entered into the profile includes the title of the correspondence; its date; the author; the organisation sending the letter; and the property that the correspondence relates to. An electronic link to the scanned copy of the correspondence is then sent to the Allconnex's staff member by mailroom staff.
55 Ms Cappelleri says that the original correspondence, including the envelope (if it is returned to the mailroom) is stored in a "day box" by mailroom staff. There are a number of day boxes in the mailroom which are categorised according to date range and statutory records retention requirements which vary according to the type of document received. The day boxes are stored in a locked compactus.
56 Mail that is not Category A mail is Category B or C mail and Australia Post staff open all non-Category A mail, date-stamp it and sort the correspondence into either Category B or C mail.
57 Category B mail is of the following kind: invoices, payments, job applications or promotional mail. Category B mail is also put into a satchel by Australia Post staff and delivered to Allconnex's premises as earlier described at 8.15am each morning. The mailroom takes the mail from the satchel and determines to whom the mail should be directed and then places the mail into the relevant pigeon holes. After having been dealt with by the relevant Allconnex person, some Category B mail is returned to the mailroom when it is no longer required in the relevant operational area.
58 That mail is then archived.
59 Category C mail is all mail not classified as Category A or B mail and includes such things as complaint letters from customers and hardship applications. Category C mail is collected by a company called "The Data Image Group Pty Ltd" trading as "Scan Conversion Services" ("SCS") from the Gold Coast Mail Centre in accordance with commercial arrangements made between that company and Allconnex. SCS takes Category C mail to its business premises where it scans the correspondence and saves it to a CD. The CD and the original Category C mail are then delivered to the mailroom at Allconnex's premises as earlier described, at 2.15pm every afternoon. Mailroom staff check the scanned copies of the Category C mail on the CD to make sure that all pages of the Category C mail have been scanned. Mailroom staff then save the scanned copies and upload them into Allconnex's electronic records management system.
60 Mailroom staff also fill out a profile form for this correspondence and enter the title, the date, the author, the organisation and the property concerned. Mailroom staff then determine the appropriate area within Allconnex or the appropriate person who should deal with the letter. Mailroom staff send an electronic link to the scanned copy of the letter saved on the system to the staff member who is to deal with it. The original of the Category C mail is also stored in a day box by mailroom staff. There are a number of such boxes categorised according to date range and statutory records retention requirements. Like the other day boxes, these day boxes are stored in a locked compactus.
61 In those cases where the staff member must have access to the original Category C letter, the letter is provided to the staff member by being placed in the pigeon hole designated for that person.
62 These arrangements represent the system for the handling of all mail sent to Allconnex by post to the postal address Allconnex has chosen and held out to those who deal with it for the receipt, by post, of material.
63 Ms Cappelleri says she has carried out searches of Allconnex's electronic records management system for the period 1 January 2012 to 31 March 2012 and has not located a copy of the Barringer Leather Lawyers "letter" dated 24 February 2012 except for a copy of the letter that was subsequently provided by email to Mr Kiddle on 27 March 2012 and saved to Allconnex's electronic records management system. Ms Cappelleri, in referring to the Barringer Leather Lawyers letter of 24 February 2012, is referring to the LAAN on the letterhead of Barringer Leather Lawyers as that was the copy document sent to Mr Kiddle by Mr Prados-Valerio on 27 March 2012 at Mr Kiddle's request.
64 The original LAAN sent by post by Mr Prados-Valerio on 24 February 2012 was contained in an envelope that also had within it a covering letter of 24 February 2012 as earlier described. I assume that Ms Cappelleri has not been able to locate either document (sent together) by Mr Prados-Valerio on 24 February 2012.
65 Ms Cappelleri has also searched, together with her staff, the day boxes and has been unable to locate the letters of 24 February 2012 from Barringer Leather Lawyers. Mr Kiddle says that after receiving the letter dated 20 March 2012 he searched his office, on or about 27 March 2012, for Satellite's LAAN sent by Mr Prados-Valerio by post on 24 February 2012. Mr Kiddle could not locate it and at the same time he asked his colleagues in the Legal Section of Allconnex to "check their records for the access notice". Mr Kiddle says that he was told by them, and believes, that nor could they locate the access notice.
66 Mr Kiddle says that on 27 March 2012 he spoke to three other Allconnex people (Ms Heather Burke, Group Manager Property and Facilities; Mr Ray King, Senior Manager Property Services; and Mr Robert Paolini, Assets Officer) and asked them to check their records for the access notice and was told by them, and believes, that nor could they locate the access notice.
67 Mr Kiddle also made enquiries of Allconnex's Senior Records Officer, Ms Kylee Williamson, who was responsible for the operation of the mailroom. Ms Williamson has also made searches within the mailroom and has not identified any record of Allconnex having received the LAAN of 24 February 2012.
68 On 22 March 2012, the Barringer Leather Lawyers letter of 20 March 2012, addressed in the same way as the two letters of 24 February 2012, reached the mailroom of Allconnex (presumably in the satchel from the Gold Coast Mail Centre at about 8.15am), as Mr Kiddle says that the 20 March 2012 letter was date-stamped by mailroom staff as having been received by Allconnex on 22 March 2012. It too was a letter on the letterhead of a law firm and it must have been placed in the relevant pigeonhole reasonably early (presumably by 9.30am - 10.00am) on the morning of 22 March 2012. Mr Kiddle says that he was "provided by the Allconnex Water mailroom with [the 20 March 2012 letter] on 27 March 2012". The 20 March 2012 letter, processed under the system described by Ms Cappelleri, seems to have reached Mr Kiddle on 27 March 2012. Although that period represents five days in transit to Mr Kiddle (not including 27 March 2012), 22 March 2012 was a Thursday and a weekend intervened before Mr Kiddle received the letter on Tuesday, 27 March 2012. Nevertheless, a letter which was addressed in the same way as the 24 February 2012 letters and which, plainly enough, was received by Allconnex on 22 March 2012, seems to have had some progression difficulty in reaching the relevant person, Mr Kiddle. Mr Kiddle's call to Mr Prados-Valerio to say that Allconnex had not received the LAAN was made on the morning of the day that Satellite was due, under the LAAN, to enter upon the land and commence the activity.
69 In any event, I accept the evidence of Mr Prados-Valerio and find that the letters of 24 February 2012 were posted to Allconnex on 24 February 2012 addressed in the way described earlier and posted in the way described by Mr Prados-Valerio. I also accept Allconnex was unable to locate the two letters of 24 February 2012 within the various organs of the Allconnex organisation. What became of those letters is unclear. The structured system in place at the Gold Coast Mail Centre, the commercial arrangements between Allconnex and Australia Post and the processing protocols for mail so received as described by Ms Cappelleri, make it more likely than not that the letters of 24 February 2012 at least entered into the system, once the envelope containing the letters was posted in the way described by Mr Prados-Valerio.