Document ID: chunk:federal_register_of_legislation:C2025C00167:section:56a
Version: federal_register_of_legislation:C2025C00167
Segment Type: section
Provision Reference: s 56A
Character Range: 192120–193347

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:
 (a) the agreement has been set aside; or
 (b) the agreement has been terminated; or
 (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.