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.