139CWho may appear at hearing

139C  Who may appear at hearing   At the hearing of an application under section 139A:  (a) the respondent entity may; and  (b) any other person or entity may, with the leave of the Court; appear, adduce evidence and make submissions. 139CA  Definition of examinable period  (1) For the purposes of this Division, the examinable period is:  (a) in the case of an application for an order in relation to a related entity of the bankrupt—the period beginning:  (i) if, at a time or times during the period of 1 year beginning 5 years before the commencement of the bankruptcy, the bankrupt became insolvent—at that time, or at the first of those times, as the case may be; or  (ii) in any other case—4 years before the commencement of the bankruptcy;   and ending on the day on which the application is made; or  (b) in any other case—the period beginning:  (i) if, at a time or times during the period of 3 years beginning 5 years before the commencement of the bankruptcy, the bankrupt became insolvent—at that time, or at the first of those times, as the case may be; or  (ii) in any other case—2 years before the commencement of the bankruptcy;   and ending on the day on which the application is made.  (2) For the purposes of subparagraphs (1)(a)(i) and (b)(i), a rebuttable presumption arises that a bankrupt became insolvent at a time during the period referred to in the relevant subparagraph if it is established that the bankrupt:  (a) had not, in respect of that time, kept such books, accounts and records as are usual and proper in relation to the business carried on by the transferor and as sufficiently disclose the transferor’s business transactions and financial position; or 139D  Order relating to property of entity other than a natural person  (1) 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;  (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.  (2) 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.  (3) 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. 139DA  Order relating to property of natural person   If, on an application under section 139A for an order in relation to a respondent entity that is a natural person, the Court is satisfied that:  (a) during the examinable period, the entity acquired an estate in particular property as a direct or indirect result of financial contributions made by the bankrupt during that period; and  (b) the bankrupt used, or derived (whether directly or indirectly) a benefit from, the property at a time or times during the examinable period; and  (c) the entity still has the estate in the property; the Court may make an order of a kind referred to in subsections 139D(2) and (3), whether or not the bankrupt has ever had an estate in the property. 139E  Order relating to net worth of entity other than a natural person  (1) 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;  (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.  (2) 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). 139EA  Order relating to increase in value of property of natural person   If, on an application under section 139A for an order in relation to a respondent entity that is a natural person, the Court is satisfied that:  (a) during the examinable period, the value of the entity’s interest in particular property increased as a direct or indirect result of financial contributions made by the bankrupt during that period; and  (b) the bankrupt used, or derived (whether directly or indirectly) a benefit from, the property at a time or times during the examinable period; the Court may, by order, direct the entity to pay to the applicant a specified amount not exceeding the amount by which the value of the entity’s interest in the property increased as a result of the financial contributions made by the bankrupt.