Catchwords:

BANKRUPTCY AND INSOLVENCY – appeals from declarations and orders of the Federal Circuit and Family Court of Australia (Div 2) – whether the rebuttable presumption in s 128B(5) of the Bankruptcy Act 1966 (Cth) was established – where the phrase “business carried on by the transferor” is to be construed narrowly – whether, assuming the rebuttable presumption was established, the primary judge failed to consider whether the presumption was rebutted – where the primary judge did not consider whether the presumption had been rebutted – whether the primary judge failed to consider, and find, that the rebuttable presumption had been discharged – appeals allowed