Commonwealth Numbered Acts

BANKRUPTCY AMENDMENT ACT 1980 No. 12 of 1980 - SECT 140

140. After section 248 of the Principal Act the following section is inserted:



"248A. (1) Where orders have been made, whether before or after the
commencement of this section, for the administration under this Part of the
estates of 2 or more members of a partnership or 2 or more persons jointly
liable for a debt, the Court may consolidate the proceedings upon such terms
as it thinks fit.



"(2) Where-

   (a)  a member of a partnership has become, whether before or after the
        commencement of this section, a bankrupt or 2 or more members of a
        partnership have become, whether before or after the commencement of
        this section, bankrupts; and

   (b)  an order has been made, whether before or after the commencement of
        this section, for the administration under this Part of the estate of
        another member of the partnership or orders have been made, whether
        before or after the commencement of this section, for the
        administration under this Part of the estates of 2 or more other
        members of the partnership, the Court may consolidate the proceedings
        upon such terms as it thinks fit.



"(3) Where-

   (a)  one of the persons jointly liable for a debt has become, whether
        before or after the commencement of this section, a bankrupt or 2 or
        more of the persons jointly liable for a debt have become, whether
        before or after the commencement of this section, bankrupts; and

   (b)  an order has been made, whether before or after the commencement of
        this section, for the administration under this Part of the estate of
        another person jointly liable for the debt or orders have been made,
        whether before or after the commencement of this section, for the
        administration under this Part of the estates of 2 or more persons
        jointly liable for the debt, the Court may consolidate the proceedings
        upon such terms as it thinks fit.



"(4) Where the Court makes an order under sub-section (1), (2) or (3),
section 110 applies in the administration under this Act of all the estates
(whether estates of bankrupts or of deceased debtors) to which that order
relates.



"(5) Where the Court makes an order under sub-section (1), (2) or (3) in
relation to 2 or more estates, the Court may, in the order-

   (a)  declare a specified date to be, for the purpose of the application of
        the provisions of Division 3 of Part VI in the administration of the
        joint estate, the date on which all the petitions relevant to the
        administration of those estates shall be deemed to have been
        presented;

   (b)  declare a specified date to be, for that purpose, the date of the
        bankruptcy in respect of each of those estates being administered in
        bankruptcy and the date on which each order for administration under
        this Part was made in respect of those estates being administered
        under this Part; and

   (c)  declare a specified time to be, for that purpose, the time that is the
        commencement of the bankruptcy in respect of each of those estates
        being administered in bankruptcy and the time at which the
        administration under this Part of each of those estates being
        administered under this Part (other than an estate in respect of which
        the order for its administration under this Part was made before the
        commencement of this section) is, by virtue of section 247A, to be
        deemed to have commenced, and, if the Court does so, those estates
        shall be administered accordingly.".