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Bankruptcy Act 1966
56APersons who may present a debtor’s petition against a partnership
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56A Persons who may present a debtor’s petition against a partnership
(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:
(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.