A company seeking to rebut the presumption of insolvency under s 459C(3) of the Corporations Act 2001 (Cth) is not required to produce audited accounts; the evidence required depends on the particular facts of the case. Directors' willingness to provide financial support and an overdraft facility may properly be taken into account as credit resources available to the company. Non-payment of a disputed debt does not necessarily indicate insolvency where there is another cogent explanation for the non-payment.
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