Document ID: chunk:federal_register_of_legislation:C2004C00357:clause:3_128:p1
Version: federal_register_of_legislation:C2004C00357
Segment Type: clause
Provision Reference: sch 3 cl 128 (pt 1/2)
Character Range: 70280–72963

128  Debtor's petition against partnership

 (1) Section 56 of the Principal Act is amended:
 (a) by omitting from subsection (4) "subsection (6)" and substituting "subsections (6) and (7A)";
 (b) by inserting after subsection (7) the following subsection:

 (7A) The Registrar shall not, under subsection (4), accept a petition presented to him under this section, being a petition other than a petition that is required to be referred to the Court under subsection (5) or (6), and the Court shall not, under subsection (5) or paragraph (7)(a) or (b), direct the Registrar to accept a petition, unless:
 (a) a registered trustee has, under subsection 156A(1), consented to act as the trustee of the joint and separate estates of the members of the partnership who would become bankrupts upon the acceptance of the petition, or the petition as amended, as the case may be, under this section; or
 (b) if paragraph (a) does not apply:
 (i) it appears to the Registrar, or to the Court, as the case may be, that the value of the property comprising the joint estate of the members of the partnership, who would become bankrupts upon acceptance of the petition, or the petition as amended, as the case may be, under this section, being property (not including any property acquired by or devolving on the members of the partnership jointly after the acceptance of the petition, or the petition as amended, as the case may be,) that would be divisible amongst the creditors by virtue of section 116 if the petition, or the petition as amended, as the case may be were to be accepted, is less than $10,000, or, if another amount is for the time being prescribed for the purposes of this subparagraph, that other amount; or
 (ii) the petitioning partners satisfy the Registrar, or the Court, as the case may be, that they have, in all the circumstances of the case, taken all reasonable steps to obtain from registered trustees a consent under subsection 156A(1) in respect of the joint and separate estates of the members of the partnership who would become bankrupts upon acceptance of the petition, or the petition as amended, as the case may be, under this section but have been unable to obtain any such consent.; and
 (c) by omitting from subsections (9) and (13) "Official Receiver" (wherever occurring) and substituting "trustee".

 (2) Notwithstanding the amendments of section 56 of the Principal Act made by subsection (1) of this section, the provisions of that section of the Principal Act continue to apply, after the commencement of this section, in relation to a petition presented under that section of the Principal Act before the commencement of this section as if those