---
title: "Statutory demand set-aside issues list"
url: "https://ailawframework.com/precedents/insolvency-restructuring-and-bankruptcy/statutory-demand-set-aside-issues"
type: "precedent"
site: "AI Law Framework"
id: "a8-statutory-demand-set-aside-issues"
area_id: "A8"
kind: "form"
ai_level: "yellow"
version: 1
task_ids: ["A8-L20261018-2"]
law_stated_as_at: "2026-10-22"
---

# 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.

Canonical page: https://ailawframework.com/precedents/insolvency-restructuring-and-bankruptcy/statutory-demand-set-aside-issues  
Law stated as at: 2026-10-22

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

## Key facts

- Kind: Form. A form to complete, or a guide to completing an official one.
- Practice area: [Insolvency, Restructuring & Bankruptcy](https://ailawframework.com/precedents/insolvency-restructuring-and-bankruptcy.md)
- Jurisdictions: Commonwealth
- AI level: Yellow. You and the tool draft together, with you directing. You check every statement you rely on.
- Law stated as at: 2026-10-22
- Status: Maintained. Checked on 2026-10-22 against the 2 authorities it cites, for Commonwealth.

## 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

- [Apply to set aside a statutory demand served on a company](https://ailawframework.com/practice/insolvency-restructuring-and-bankruptcy/apply-to-set-aside-a-statutory-demand-served-on-a-company.md)

## 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.

## Authorities

- [Corporations Act 2001 (Cth) s 459G](https://www.austlii.edu.au/cgi-bin/viewdoc/au/legis/cth/consol_act/ca2001172/s459g.html)
- [Corporations Act 2001 (Cth) s 459H](https://www.austlii.edu.au/cgi-bin/viewdoc/au/legis/cth/consol_act/ca2001172/s459h.html)

## Full text and drafting notes

The full text and the drafting notes are not part of this public page. Signed-in firm accounts can read them at https://ailawframework.com/precedents/insolvency-restructuring-and-bankruptcy/statutory-demand-set-aside-issues and through the signed-in MCP connector https://ailawframework.com/mcp/firm.

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