Under Part 5.4 of the Corporations Law, a petitioning creditor is not limited to proving insolvency by non-compliance with a statutory demand; insolvency may be proved by any admissible evidence even where the summons recites reliance on s 459Q. The burden of proving delivery in the ordinary course of post under s 109Y(b) lies on the party relying on the presumption, and mere use of Express Post without further evidence of actual postal delivery times is insufficient. A former liquidator who is owed fees for previous administration may be appointed liquidator with leave under s 532(2)(b) where the savings to creditors outweigh the conflict of interest.
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