Commonwealth Consolidated Acts

BANKRUPTCY ACT 1966 - SECT 56A

  (1)   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.

  (2)   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.

  (3)   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.

  (6)   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.

  (7)   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.