Commonwealth Numbered Acts

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CORPORATIONS ACT 2001 No. 50, 2001 - SECT 459C

Presumptions to be made in certain proceedings

(1) This section has effect for the purposes of:

an application under section 234, 459P, 462 or 464; or

an application for leave to make an application under section 459P.

(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:

the company failed (as defined by section 459F) to comply with a statutory demand; or

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

a receiver, or receiver and manager, of property of the company was appointed under a power contained in an instrument relating to a floating charge on such property; or

an order was made for the appointment of such a receiver, or receiver and manager, for the purpose of enforcing such a charge; or

a person entered into possession, or assumed control, of such property for such a purpose; or

a person was appointed so to enter into possession or assume control (whether as agent for the chargee or for the company).

(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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