---
title: "Settle service and the section 459G period before the demand is sent"
url: "https://ailawframework.com/practice/insolvency-restructuring-and-bankruptcy/settle-service-evidence-and-the-challenge-period-before-the-demand-is-se/commonwealth"
type: "task_jurisdiction_version"
site: "AI Law Framework"
id: "A8-SD-3-CTH"
practice_area: "Insolvency, Restructuring & Bankruptcy"
tier: "red"
lawyer_review: "required"
jurisdictions: ["CTH"]
last_reviewed: "2026-09-23"
---

# Settle service and the section 459G period before the demand is sent

> 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.

Canonical page: https://ailawframework.com/practice/insolvency-restructuring-and-bankruptcy/settle-service-evidence-and-the-challenge-period-before-the-demand-is-se/commonwealth  
Last reviewed: 2026-09-23

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 | 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 | Commonwealth |
| Applies to | [Settle service evidence and the challenge period before the demand is sent](https://ailawframework.com/practice/insolvency-restructuring-and-bankruptcy/settle-service-evidence-and-the-challenge-period-before-the-demand-is-se.md) |

## Checking plan

**Lawyer-led judgement**

Section 459G(2) allows a set-aside application only within the statutory period after service. Section 459G(3) requires the supporting affidavit to be filed, and the application and affidavit served, inside that same period. The demand uses the form’s words, measured from service.

- What the AI does: 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 does: Choose the mode of service from section 109X, keep the evidence, and confirm that the demand states the statutory period after service rather than a date counted by the tool.
- Who reviews: Lawyer competent in the matter and the forum
- Basis: Read on 22 September 2026 from the Federal Register of Legislation compilations and the Federal Court notes linked here. Confirm the instrument is still current before a demand is served.
- Why: The traffic light follows the consequence of serving a statutory demand that does not match the Act, the prescribed form, or the rules of court.
- Restriction: The lawyer leads this decision. Assistance stays inside the preparation described for the task.

## Checks the lawyer makes

1. 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.
2. 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.
3. 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.
4. 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.

## Notes

- 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.

## Practical guide

Jurisdiction: 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.

**Deliverable**: A service plan, the evidence to be kept, and a demand whose payment paragraph and section 459G warning match the current form.

**Inputs**

- 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**: 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 escalate 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.

Checked 2026-09-22.

## Sources

- [Corporations Act 2001 (Cth), compilation 27 August 2026 (C2026C00382)](https://www.legislation.gov.au/C2004A00818/latest/text) (checked 2026-09-22)
- [Corporations Regulations 2001, compilation 1 September 2026 (F2026C00854), including Form 509H](https://www.legislation.gov.au/F2001B00274/latest/text) (checked 2026-09-22)

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