Document ID: chunk:federal_register_of_legislation:C2025C00185:section:459c
Version: federal_register_of_legislation:C2025C00185
Segment Type: section
Provision Reference: s 459C
Character Range: 1713133–1714485

459C  Presumptions to be made in certain proceedings
 (1) This 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.
 (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).
 (3) A presumption for which this section provides operates except so far as the contrary is proved for the purposes of the application.