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;