Bankruptcy Act 1966
A debtor ' s petition against a partnership may be presented by:
(a) all the partners; or
(b) a majority of the partners who are resident in Australia. 56A(2) [Member of a partnership who is debtor]
A member of a partnership who is a party (as debtor) to a debt agreement must not join in presenting a debtor ' s petition against the partnership unless the Court gives the member permission to do so.
56A(3) [Personal insolvency agreement]A member of a partnership who has executed a personal insolvency agreement must not join in presenting a petition against the partnership unless:
(a) the agreement has been set aside; or
(b) the agreement has been terminated; or
(c) all the obligations that the agreement created have been discharged; or
(d) the Court gives permission for the member to join in presenting a petition against the partnership.
View history note
Hide history note(Repealed by No 80 of 2004)
56A(5)
(Repealed by No 80 of 2004)
56A(6) [Stay under a proclaimed law]
A member of a partnership in relation to whom a stay under a proclaimed law applies must not join in presenting a petition against the partnership unless the Court gives the member permission to do so.
56A(7) [Contravention]If a member of a partnership contravenes subsection (2), (3), (4), (5) or (6) by joining in the presentation of a petition, the petition does not have any effect.
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