Legal Project Management Plan & Checklist
Purpose of this Guide: Use this fork when the company has been served with a statutory demand and there is a genuine dispute about whether the debt is owed, or the company has an offsetting claim against the creditor that equals or exceeds the amount of the demand. This fork covers the urgent court application that must be filed within 21 days of service.
Jurisdiction: Federal Court of Australia or Supreme Court (depending on which court has jurisdiction over the underlying claim). The application must be filed within 21 days - there is no discretion to extend time.
The Process at a Glance: Identify the basis for the genuine dispute - for example, the goods or services were not delivered, the invoice was incorrectly calculated, there is a contractual defence, or the company has a counter-claim for damages. Prepare the originating process and a supporting affidavit setting out the evidence of the dispute in detail. File and serve on the creditor within 21 days. Attend the hearing. The court does not resolve the underlying dispute at this stage - it only decides whether the dispute is genuine enough to set the demand aside and let the parties litigate in the appropriate forum.
Key Legislation and Case Law: Corporations Act 2001 (Cth) s 459G (21-day filing deadline - strictly enforced: David Grant & Co v Westpac Banking Corporation (1995) 184 CLR 265), s 459H (genuine dispute or offsetting claim grounds). The test is whether there is a plausible contention requiring investigation - not a high bar: Eyota Pty Ltd v Hanave Pty Ltd (1994) 12 ACSR 785. The affidavit must contain actual evidence of the dispute, not just assertions.
* Disclaimer: We're nobody's lawyer, because we aren't lawyers. You are, so you know better than to take legal advice from an app. We also aren't accountants or dog trainers - just digital spirit guides taking zero liability for any of this. This site exists to gather the collective knowledge of practitioners like you. Verify everything and submit your feedback on the Statutory Demand (Debtor) - Application to Set Aside (Genuine Dispute) matter plan to improve the playbook. THIS IS NOT LEGAL ADVICE, it's a request for input.
This legal matter plan provides a structured workflow for COMMERCIAL_LAW cases, outlining the standard LITIGATION process. Utilize these tracking templates to manage your legal cases efficiently.
Draft Originating Process and detailed affidavit verifying the genuine dispute.
File in Court and serve on the Creditor before the 21-day deadline expires.
Review creditor's reply evidence and attend the first directions hearing.
Attend final hearing to set aside the demand and argue costs.
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