Form · Insolvency, Restructuring & Bankruptcy
Statutory demand set-aside issues list
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.
- Kind
- Form. A form to complete, or a guide to completing an official one.
- Where it applies
- Commonwealth
- AI use
- Yellow You and the tool draft together, with you directing. You check every statement you rely on.
- Law stated as at
- 22 October 2026
- Status
- Maintained. Checked on 22 October 2026 against the 2 authorities it cites, for Commonwealth.
- Version
- 1
- Source
- Written for this library
When to use it
Use when a company has been served with a statutory demand and the lawyer is sorting a genuine dispute or an offsetting claim before anyone drafts the court papers.
Used for these tasks
Each task page says how far AI may help with the task and what the lawyer must review.
How AI may be used
The tool lists dates of service, invoice numbers and amounts from documents the lawyer supplies, and the lawyer decides whether there is a genuine dispute or an offsetting claim.
AI may
- Enter the date of service and the amount stated on the demand, from the documents.
- List invoices and payments by date and amount under the heading the lawyer chooses.
AI must not
- Do not draft the application or the supporting affidavit. The affidavit is sworn evidence.
- Do not state a number of days for the statutory period. Section 459G(2) uses that defined term. The definition was not opened.
- Do not say the demand will be set aside.
The lawyer checks
- An application is made in accordance with section 459G only if, within the statutory period, the affidavit is filed and copies of the application and affidavit are served on the person who served the demand.
- Section 459H applies where the court is satisfied of a genuine dispute about the existence or amount of the debt, or an offsetting claim, or both.
- Section 459H has effect subject to section 459J. Section 459J was not opened. The statutory minimum was not opened.
Method: how the Green, Yellow and Red levels are decided. This is guidance for planning, not legal advice.
Read the full text
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The summary, the law it rests on and the AI-use guidance above stay public. Privacy.
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