---
title: "Apply to set aside a statutory demand served on a company"
url: "https://ailawframework.com/practice/insolvency-restructuring-and-bankruptcy/apply-to-set-aside-a-statutory-demand-served-on-a-company"
type: "task"
site: "AI Law Framework"
id: "A8-L20261018-2"
practice_area: "Insolvency, Restructuring & Bankruptcy"
tier: "red"
lawyer_review: "required"
last_reviewed: "2026-10-22"
---

# Apply to set aside a statutory demand served on a company

> From the demand, the service evidence and the company's records of the debt, calculate the last day of the statutory period from the date of service, build a table of the possible grounds (genuine dispute, offsetting…

Canonical page: https://ailawframework.com/practice/insolvency-restructuring-and-bankruptcy/apply-to-set-aside-a-statutory-demand-served-on-a-company  
Last reviewed: 2026-10-22

Site index for agents: https://ailawframework.com/llms.txt

## Key facts

| Fact | Value |
| --- | --- |
| Practice area | [Insolvency, Restructuring & Bankruptcy](https://ailawframework.com/practice/insolvency-restructuring-and-bankruptcy.md) |
| Human involvement | Red: Lawyer writes; AI may check, clarify or collect data |
| How AI is used | From the demand, the service evidence and the company's records of the debt, calculate the last day of the statutory period from the date of service, build a table of the possible grounds (genuine dispute, offsetting claim, defect) against the documents, and index the evidence. The tool writes nothing in the application or the supporting affidavit. |
| What the lawyer must review | Decide the grounds and whether the application is worth bringing, write the application and the supporting affidavit, and confirm both are filed and served on the person who served the demand within the statutory period. |
| Written for / versions | 1 jurisdiction versions below |

## Checking plan

**Lawyer-led judgement**

The lawyer makes the substantive assessment. Any permitted AI assistance remains supporting work with its own checks.

- What the AI does: From the demand, the service evidence and the company's records of the debt, calculate the last day of the statutory period from the date of service, build a table of the possible grounds (genuine dispute, offsetting claim, defect) against the documents, and index the evidence. The tool writes nothing in the application or the supporting affidavit.
- What the lawyer does: Decide the grounds and whether the application is worth bringing, write the application and the supporting affidavit, and confirm both are filed and served on the person who served the demand within the statutory period.
- Who reviews: Responsible lawyer with competence in the matter
- Basis: Practical workflow informed by the linked primary sources; the traffic light and working checks are editorial guidance, not a court classification.
- Why: The level reflects what the work is, the consequence of an error, and how much of the output the lawyer must independently re-derive.
- Restriction: The lawyer makes the substantive assessment. Any permitted AI assistance remains supporting work with its own checks.

## Checks the lawyer makes

1. Confirm the instructions, the jurisdiction and the complete relevant material before starting.
2. Calculate the statutory period from the date the demand was served, not the date on the demand.
3. Check each ground in the table against documents showing a dispute or offsetting claim.
4. Confirm no sentence produced by the tool appears in the application or the affidavit.
5. Check the output against the source documents named in it before it is relied on.

## Notes

- These are suggested working checks. Confirm the required checking with the responsible lawyer before work starts; the checking approach does not establish permission to use AI.

## Sources

- [Corporations Act 2001 (Cth) s 459G](http://classic.austlii.edu.au/au/legis/cth/consol_act/ca2001172/s459g.html) (checked 2026-10-18)

## Forms and precedents for this task

| Form or precedent | Kind | AI level | Summary |
| --- | --- | --- | --- |
| [Statutory demand set-aside issues list](https://ailawframework.com/precedents/insolvency-restructuring-and-bankruptcy/statutory-demand-set-aside-issues.md) | Form | Yellow | Issues list for an application to set aside a statutory demand, limited to sections 459G and 459H. It is not the application and it is not the supporting affidavit. |

Signed-in accounts can read the full text of each one.

## Jurisdiction versions

| Jurisdiction | Level |
| --- | --- |
| [United States](https://ailawframework.com/practice/insolvency-restructuring-and-bankruptcy/apply-to-set-aside-a-statutory-demand-served-on-a-company/united-states.md) | Red |

*Practice guidance for planning and review. Confirm current primary sources and the requirements of the actual matter. This is general information, not legal advice.*