Corporations Act 2001

CHAPTER 5 - EXTERNAL ADMINISTRATION  

PART 5.4 - WINDING UP IN INSOLVENCY  

Note: This Part applies to a sub-fund of a CCIV in a modified form: see Division 5 of Part 8B.6 .

Division 1 - When company to be wound up in insolvency  

SECTION 459D   CONTINGENT OR PROSPECTIVE LIABILITY RELEVANT TO WHETHER COMPANY SOLVENT  

459D(1)   [ Contingent or prospective liability]  

In determining, for the purposes of an application of a kind referred to in subsection 459C(1), whether or not the company is solvent, the Court may take into account a contingent or prospective liability of the company.

459D(2)   [ Other matters may be taken into account]  

Subsection (1) does not limit the matters that may be taken into account in determining, for a particular purpose, whether or not a company is solvent.