Bankruptcy Act 1966

PART VI - ADMINISTRATION OF PROPERTY  

Division 4A - Orders in relation to property of entity controlled by bankrupt or from which bankrupt derived a benefit  

SECTION 139D   ORDER RELATING TO PROPERTY OF ENTITY OTHER THAN A NATURAL PERSON  

139D(1)   [Circumstances where order may have effect]  

Where, on an application under section 139A for an order in relation to a respondent entity other than a natural person, the Court is satisfied that:

(a) the bankrupt supplied personal services to, or for or on behalf of, the respondent entity at a time or times, during the examinable period and before the end of the bankruptcy, when the bankrupt controlled the entity in relation to the supply of those services;

(b) either:

(i) the bankrupt received for those services no remuneration in money or other property; or

(ii) the remuneration in money or other property that the bankrupt received for those services was substantially less in amount or value than a person supplying those services in similar circumstances might reasonably be expected to have received if the person had dealt with the entity at arm ' s length in relation to the supply of those services;

(c) during the examinable period, the entity acquired an estate in particular property as a direct or indirect result of, or of matters including, the supply by the bankrupt of those services;

(d) the bankrupt used, or derived (whether directly or indirectly) a benefit from, the property at a time or times during the examinable period when the bankrupt controlled the entity in relation to the property; and

(e) the entity still has an estate in the property;

subsections (2) and (3) have effect, whether or not the bankrupt has ever had an estate in the property.

139D(2)   [Vesting orders]  

The Court may, by order, vest in the applicant:

(a) the entity ' s estate in the whole, or in a specified part, of the property; or

(b) a specified estate in the whole, or in a specified part, of the property, being an estate that could, by virtue of the entity ' s estate in the property, be so vested by or on behalf of the entity.

139D(3)   [Other orders]  

The Court may make an order directing:

(a) the execution of an instrument;

(b) the production of documents of title; or

(c) the doing of any other act or thing;

in order to give effect to an order under this section made on the application.