Settle service and the section 459G period before the demand is sent
MaintainedLast reviewed
Key facts
- Human involvement
- RedLawyer-led
- How AI is used
- Extract the registered office, and any liquidator, administrator or restructuring practitioner address, from an ASIC extract the lawyer has opened, into a service note. Do not insert a calendar deadline.
- What the lawyer must review
- Open section 9, section 109X, section 459G and regulation 5.4.01AAA before sending
- Remember the period runs from service; filing alone does not satisfy section 459G(3)
- 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. Service and the set-aside period under the Corporations Act 2001 (Cth). The Federal Court is one court with jurisdiction, not the only one named in Form 509H.
Produce. A service plan, the evidence to be kept, and a demand whose payment paragraph and section 459G warning match the current form.
Have ready. A current ASIC extract for the company; Corporations Act 2001 sections 9, 109X and 459G; Regulation 5.4.01AAA and Form 509H paragraphs 3, 5 and 6 and note 5.
Example of the limit. The draft says “pay within 21 days of the date of this letter”. Form 509H paragraph 3 requires payment within the statutory period after service on the company. The date of the letter is not written in as a substitute for service.
Stop and hand it back when
- The ASIC extract is missing, or a liquidator, administrator or restructuring practitioner appears and the service address has not been taken from the latest notice lodged with ASIC.
- The draft states a numbered period counted from the date of the letter, or describes the set-aside time as something other than the statutory period after service.
Sources for this task were checked on 2026-09-22.
Who does what
| Role | What they do |
|---|---|
| Assistance | Supporting preparation only. Extract the registered office, and any liquidator, administrator or restructuring practitioner address, from an ASIC extract the lawyer has opened, into a service note. Do not insert a calendar deadline. 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
- Open section 9, regulation 5.4.01AAA and Form 509H note 5. For a demand served on or after 1 August 2021, record 21 days as the statutory period read there. The 6-month limb does not apply.
- Keep Form 509H paragraph 3 as payment within the statutory period after service. Do not replace those words with a date calculated from the letter.
- Choose the mode in section 109X(1) from a current ASIC extract. If a liquidator, administrator or restructuring practitioner is appointed, use the address in the most recent notice lodged with ASIC.
- Check Form 509H paragraphs 5 and 6: the warning states that the application, the filing of its supporting affidavit, and service of both, all fall inside the same statutory period, and the address for service is in the State or Territory where the demand is served.
Sources
- Corporations Act 2001 (Cth), compilation 27 August 2026 (C2026C00382) · 2026-09-22
- Corporations Regulations 2001, compilation 1 September 2026 (F2026C00854), including Form 509H · 2026-09-22
Suggested working checks from the linked public source. Read that source before you rely on the check. This is not a record that the check has been done.