Corporations Act 2001
Note: This Part applies to a sub-fund of a CCIV in a modified form: see Division 5 of Part 8B.6 .
View history note
Hide history noteThis section has effect for the purposes of:
(a) an application under section 234 , 459P , 462 or 464 ; or
(b) an application for leave to make an application under section 459P.
459C(2)
The Court must presume that the company is insolvent if, during or after the 3 months ending on the day when the application was made:
(a) the company failed (as defined by section 459F ) to comply with a statutory demand; or
(b) execution or other process issued on a judgment, decree or order of an Australian court in favour of a creditor of the company was returned wholly or partly unsatisfied; or
(c) a receiver, or receiver and manager, of property of the company was appointed under a power contained in an instrument relating to a circulating security interest in such property; or
(d) an order was made for the appointment of such a receiver, or receiver and manager, for the purpose of enforcing such a security interest; or
(e) a person entered into possession, or assumed control, of such property for such a purpose; or
(f) a person was appointed so to enter into possession or assume control (whether as agent for the secured party or for the company).
459C(3)
A presumption for which this section provides operates except so far as the contrary is proved for the purposes of the application.
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