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 139E   ORDER RELATING TO NET WORTH OF ENTITY OTHER THAN A NATURAL PERSON  

139E(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; and

(c) the entity ' s net worth at a particular time during the examinable period exceeded by a substantial amount what might reasonably be expected to have been the entity ' s net worth at the last-mentioned time if those services had not been supplied;

subsection (2) has effect.

139E(2)   [Court may make money order]  

The Court may by order direct:

(a) if the entity is a partnership - a partner or partners in the partnership; or

(b) in any other case - the entity;

to pay to the applicant a specified amount not exceeding the amount referred to in paragraph (1)(c).