PART IV
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PROCEEDINGS IN CONNEXION WITH BANKRUPTCY
Division 3
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Debtors
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petitions
SECTION 56A
PERSONS WHO MAY PRESENT A DEBTOR
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S PETITION AGAINST A PARTNERSHIP
56A(1)
[Who may present petition]
A debtor
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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
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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.
History
S 56A(3) substituted for s 56A(3), (4) and (5) by No 80 of 2004, s 3 and Sch 1 item 32, effective 1 December 2004. For transitional provisions, see note under Part X heading. S 56A(3) formerly read:
56A(3)
A member of a partnership who has executed a deed of assignment under Part X must not join in presenting a petition against the partnership unless the deed has been declared void, the final dividend has been paid under the deed or the Court gives permission for the member to join in presenting a petition against the partnership.
56A(4)
(Repealed by No 80 of 2004)
History
S 56A(3) substituted for s 56A(3), (4) and (5) by No 80 of 2004, s 3 and Sch 1 item 32, effective 1 December 2004. For transitional provisions, see note under Part X heading. S 56A(4) formerly read:
56A(4)
A member of a partnership who has executed a deed of arrangement under Part X must not join in presenting a petition against the partnership unless the deed has been declared void or has been terminated or the Court gives permission for the member to join in presenting a petition against the partnership.
56A(5)
(Repealed by No 80 of 2004)
History
S 56A(3) substituted for s 56A(3), (4) and (5) by No 80 of 2004, s 3 and Sch 1 item 32, effective 1 December 2004. For transitional provisions, see note under Part X heading. S 56A(5) formerly read:
56A(5)
A member of a partnership whose creditors have accepted a composition under Part X must not join in presenting a petition against the partnership unless the composition has been declared void, has been set aside or terminated, the final payment has been made under the composition or the Court gives permission for the member to join in presenting a petition against the partnership.
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.
History
S 56A inserted by No 44 of 1996, Sch 1, Pt 1(151).
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