BANKRUPTCY ACT 1966

PART IV - PROCEEDINGS IN CONNEXION WITH BANKRUPTCY  

Division 3 - Debtors ' petitions  

SECTION 56A   PERSONS WHO MAY PRESENT A DEBTOR ' S PETITION AGAINST A PARTNERSHIP  

56A(1)   [Who may present petition]  

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.

56A(4)  
(Repealed by No 80 of 2004)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(Repealed by No 80 of 2004)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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