Document ID: chunk:federal_register_of_legislation:C2025C00167:section:57:p1
Version: federal_register_of_legislation:C2025C00167
Segment Type: section
Provision Reference: s 57 (pt 1/4)
Character Range: 201883–204547

57  Debtor's petition by joint debtors who are not partners
 (1) Where joint debtors are not in partnership with one another, the debtors, or any 2 or more of the debtors, may present to the Official Receiver a petition jointly against themselves.
 (2) A petition under this section shall be in accordance with the approved form and shall be accompanied by:
 (a) a statement of affairs of each of the petitioning debtors;
 (b) a statement of their joint affairs; and
 (c) a copy of each of those statements.
 (2A) The Official Receiver must reject a debtor's petition unless, at the time when the petition is presented, each petitioning debtor:
 (a) was personally present or ordinarily resident in Australia; or
 (b) had a dwelling‑house or place of business in Australia; or
 (c) was carrying on business in Australia, either personally or by means of an agent or manager; or
 (d) 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.
 (3) The Official Receiver may reject a debtor's petition if:
 (a) the petition does not comply substantially with the approved form; or
 (b) the petition is not accompanied by all the statements of affairs required by subsection (2); or
 (c) both:
 (i) the Official Receiver has given notice under subsection 57B(3) that the Official Receiver has refused to accept a statement of affairs filed for the purposes of paragraph (2)(a) or (b) of this section; and
 (ii) an updated statement of affairs has not been filed for the purposes of whichever of those paragraphs is applicable within the period specified in the notice.
 (3AA) The Official Receiver may reject a debtor's petition (the current petition) if the following conditions are satisfied for at least one of the petitioning debtors:
 (a) it appears from the information in the statement of affairs (and any additional information supplied by the debtor) that, if the debtor did not become a bankrupt, the debtor would be likely (either immediately or within a reasonable time) to be able to pay all the debts specified in the debtor's statement of affairs;
 (b) at least one of the following applies:
 (i) it appears from the information in the statement of affairs (and any additional information supplied by the debtor) that the debtor is unwilling to pay one or more debts to a particular creditor or creditors, or is unwilling to pay creditors in general;
 (ii) before the current petition was presented, the debtor previously became a bankrupt on a debtor's petition at least 3 times, or at least once in the period of 5 years before presentation of the current petition.
 (3AB) The