The presumption of insolvency under s 459C(2)(a) can only be invoked where failure to comply with a Statutory Demand has occurred during the three months before the winding up application is filed; a creditor cannot file a winding up application before the time for compliance has expired and rely on the presumption at the hearing. The effective informal service rule applies to service of statutory demands on companies: service is valid if the document actually came to the attention of an officer expressly or implicitly authorised to deal with it, even if not served in a manner prescribed by s 109X. Section 109X(6)(b) operates prospectively only and cannot validate irregular service already effected.
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