244Administration of estates under this Part upon petition by creditor

244  Administration of estates under this Part upon petition by creditor

 (1) Subject to this section, where:

 (a) a debt of not less than the statutory minimum was owing by a deceased person at the time of his or her death to a creditor, or debts amounting in the aggregate to not less than that amount were so owing to any 2 or more creditors;

 (b) a debt incurred by the legal personal representative of a deceased person of not less than the statutory minimum is owing to a creditor, or debts so incurred amounting in the aggregate to not less than that amount are owing to any 2 or more creditors; or

 (c) a debt of not less than the statutory minimum, or debts amounting in the aggregate to not less than that amount, which a deceased person would have been liable to pay to a creditor or any 2 or more creditors if he or she had not died becomes or become owing after his or her death;

the creditor or creditors to whom the debt or debts is or are owing may present a petition to the Court for an order for the administration of the estate of the deceased person (in this section referred to as the deceased debtor) under this Part.

 (2) Subject to subsection (3), a secured creditor shall, for the purposes of subsection (1), be deemed to be a creditor only to the extent, if any, by which the amount of the debt owing to him or her exceeds the value of his or her security.

 (3) A secured creditor may present, or join in presenting, a petition under this section as if he or she were an unsecured creditor if he or she includes in the petition a statement that he or she is willing to surrender his or her security for the benefit of creditors generally in the event of an order for the administration of the estate under this Part being made.

 (4) Where a petitioning creditor is a secured creditor, he or she shall set out in the petition particulars of his or her security.

 (5) A petition under this section shall be verified by the affidavit of a person who has knowledge of the facts.

 (6) A petition under this section shall not be presented unless:

 (a) the debt, or each of the debts, in respect of which it is presented:

 (i) is a liquidated sum due at law or in equity or partly at law and partly in equity; and

 (ii) is payable immediately or at a certain future time; and

 (b) at the time of his or her death, the deceased debtor:

 (i) was personally present or ordinarily resident in Australia;

 (ii) had a dwelling‑house or place of business in Australia;

 (iii) was carrying on business in Australia, either personally or by means of an agent or manager; or

 (iv) was a member of a firm or partnership carrying on business in Australia by means of a partner or partners, or of an agent or manager.