When is the deadline for application to set aside a creditor's statutory demand?
The catalogue records a 21 days period from Service of the statutory demand on the company. This draft page remains free only until its source, worked example and limits are reviewed.
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Calculation basis and source
- Period
- 21 days
- Trigger
- Service of the statutory demand on the company
- Counting
- The encoded calculator method must be independently documented before publication.
- Rollovers and holidays
- Holiday, closure and order treatment must be independently documented before publication.
This route remains in preparation until a pinpoint official source is recorded.
- EXPRESSLY NON-EXTENDABLE. The words "may only be made within" in s 459G(2) were held in David Grant & Co Pty Ltd v Westpac Banking Corporation (1995) 184 CLR 265 to be an inflexible limit that the general power to extend time does not reach. Nothing in this period may be computed as extendable.
- Commonwealth legislation exercised in the Supreme Court of New South Wales Corporations List, included because it is one of the most consequential deadlines in New South Wales commercial practice. Counted under Acts Interpretation Act 1901 (Cth) s 36, not UCPR r 1.11 and not Interpretation Act 1987 (NSW) s 36. ALL THREE steps (filing the application, filing the supporting affidavit, and serving both on the party who served the demand) must be completed inside the period; doing only some of them within time is fatal. Failure to comply results in the company being taken to fail to comply with the demand at the end of the period for compliance under s 459F, raising the presumption of insolvency. Corrected on verification: the researched entry stated flatly that s 9 defines the statutory period as 21 days. The definition is conditional, "if a period longer than 21 days is prescribed, the prescribed period; or otherwise, 21 days", and the prescribed period was temporarily extended to 6 months during 2020. 21 days is correct for a demand served now, but the definition must be checked against the regulations in force at the date of service rather than hard-coded. Text verified verbatim against Corporations Act 2001 (Cth) compilation C2026C00339 (compilation date 1 July 2026) on legislation.gov.au.