Check the statutory demand and verifying affidavit against Form 509H and Form 7
MaintainedLast reviewed
Key facts
- Human involvement
- RedLawyer-led
- How AI is used
- Extract the debtor’s name, ACN, registered office, each scheduled amount and the payment paragraph from the draft into a comparison table against Form 509H and Form 7.
- What the lawyer must review
- Read every line of the draft demand against Form 509H
- Read every line of the draft affidavit against Federal Court Form 7 and rule 5.2
- Have the deponent read the affidavit before it is sworn or affirmed
- Written for / version
- Commonwealth versionCth
Rules that apply
The document starts from the task name. Change it if this piece of work is different.
The work product
Forum. Australia. Form 509H is the prescribed demand. Form 7 and rule 5.2 are the Federal Court rules of court for the accompanying affidavit.
Produce. A marked demand and, where required, a marked affidavit, each reconciled to the current form, ready for signature or swearing.
Have ready. The generated demand and any generated affidavit; Form 509H in the current Corporations Regulations; Federal Court (Corporations) Rules 2000 rule 5.2 and Form 7; Federal Court Practice Note GPN-AI, paragraphs 4.7 to 4.15.
Example of the limit. The draft affidavit is headed with a Federal Court proceeding number. Rule 5.2(c) says the accompanying affidavit must not state a proceeding number, or refer to a Court proceeding, in any heading or title. That heading is removed. The five-page limit in C&C-1 Schedule 1 paragraph 22 is left unused: that paragraph is for an application under section 233.
Stop and hand it back when
- The debt description in the affidavit does not correspond with the description in the demand.
- Invoices or the draft affidavit would be put into a generally accessible generative AI tool before GPN-AI paragraphs 4.13 to 4.15 have been considered.
Sources for this task were checked on 2026-09-22.
Who does what
| Role | What they do |
|---|---|
| Assistance | Supporting preparation only. Extract the debtor’s name, ACN, registered office, each scheduled amount and the payment paragraph from the draft into a comparison table against Form 509H and Form 7. Substantive advice, judgement and any restricted content remain with the responsible human. |
| Lawyer | Perform the substantive analysis and decisions. Independently check any permitted supporting work and approve the exact output for its intended use. |
Checklist
- Set the draft demand beside Form 509H. Match the name, ACN or ARBN, registered office, schedule, signature block and the words “within the statutory period after service”.
- Where an affidavit is required and the Federal Court is the forum, set the draft beside rule 5.2 and Form 7. The debt description matches the demand. The heading has no proceeding number and does not refer to a Court proceeding.
- The deponent reads the affidavit. It states that person’s own knowledge, authority and belief. If generative AI summarised or analysed the material they rely on, apply GPN-AI paragraphs 4.10 and 4.11 without breaking Form 7 or rule 5.2(c).
- Do not cut the affidavit down to the five-page limit in C&C-1 Schedule 1 paragraph 22. That paragraph is for an application under section 233. Do not treat rule 5.4(4) as the timing rule for this affidavit: that subrule times the later winding-up affidavit.
Sources
- Corporations Regulations 2001, compilation 1 September 2026 (F2026C00854), including Form 509H · 2026-09-22
- Federal Court (Corporations) Rules 2000, compilation 5 June 2024 (F2024C00490), rule 5.2 and Form 7 · 2026-09-22
- Federal Court of Australia, Use of Generative Artificial Intelligence Practice Note (GPN-AI), 16 April 2026 · 2026-09-22
- Federal Court of Australia, Commercial and Corporations Practice Note (C&C-1) Schedule 1, schedule reissued 13 November 2024 · 2026-09-22
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