Bankruptcy Act 1966

PART IV - PROCEEDINGS IN CONNEXION WITH BANKRUPTCY  

Division 3 - Debtors ' petitions  

SECTION 56B   PRESENTATION OF A DEBTOR ' S PETITION AGAINST A PARTNERSHIP  

56B(1)    
Any debtor ' s petition against a partnership must be presented to the Official Receiver.

56B(2)    
A petition must be in accordance with the approved form.

56B(3)    
A petition must be accompanied by:

(a)    a statement of affairs of each member of the partnership by whom the petition is presented; and

(b)    a statement of the partnership affairs; and

(c)    a copy of each of those statements.

56B(4)    
The Official Receiver may reject a petition if:

(a)    the petition does not comply substantially with the approved form; or

(b)    the petition is not accompanied by the statements of affairs of each petitioning partner and of the partnership; or

(c)    

both:

(i) the Official Receiver has given notice under subsection 57B(3) that the Official Receiver has refused to accept a statement of affairs filed for the purposes of paragraph (3)(a) or (b) of this section; and

(ii) an updated statement of affairs has not been filed for the purposes of whichever of those paragraphs is applicable within the period specified in the notice.

56B(5)    
Before accepting a debtor ' s petition against a partnership, the Official Receiver must give the information prescribed by the regulations to each member of the partnership who joined in presenting the petition.


 

Disclaimer and notice of copyright applicable to materials provided by CCH Australia Limited

CCH Australia Limited ("CCH") believes that all information which it has provided in this site is accurate and reliable, but gives no warranty of accuracy or reliability of such information to the reader or any third party. The information provided by CCH is not legal or professional advice. To the extent permitted by law, no responsibility for damages or loss arising in any way out of or in connection with or incidental to any errors or omissions in any information provided is accepted by CCH or by persons involved in the preparation and provision of the information, whether arising from negligence or otherwise, from the use of or results obtained from information supplied by CCH.

The information provided by CCH includes history notes and other value-added features which are subject to CCH copyright. No CCH material may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may download one copy for your personal use only, provided you keep intact all copyright and other proprietary notices. In particular, the reproduction of any part of the information for sale or incorporation in any product intended for sale is prohibited without CCH's prior consent.