Section 459D — Corporations Act 2001 (Cth)

Contingent or prospective liability relevant to whether company solvent

(1) 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.

(2) 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.

Sourced from the Federal Register of Legislation at 17 May 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au. Verify the current text against the official source before relying on it.

Related sections

s 459A — Order that insolvent company be wound up in insolvency
s 459B — Order made on application under section 234, 462 or 464
s 459C — Presumptions to be made in certain proceedings
s 459E — Creditor may serve statutory demand on company
s 459F — When company taken to fail to comply with statutory demand
s 459G — Company may apply

Research how courts apply s 459D

BriefBridge searches Australian caselaw by meaning — every answer cited to the paragraph.

Try BriefBridge free