Document ID: chunk:federal_register_of_legislation:C2025C00167:section:244:p2
Version: federal_register_of_legislation:C2025C00167
Segment Type: section
Provision Reference: s 244 (pt 2/3)
Character Range: 738346–740897

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.
 (7) Where a secured creditor has presented, or joined in presenting, a petition under this section as if he or she were an unsecured creditor, he or she shall, upon request in writing by the trustee within 3 months after the making of an order for the administration of the estate under this Part, surrender his or her security to the trustee for the benefit of the creditors generally.
 (8) A secured creditor to whom subsection (7) applies who fails to surrender his or her security when requested to do so by the trustee in accordance with that subsection is guilty of contempt of court.
 (9) Subject to subsection (10), a sealed copy of the petition shall be served upon the legal personal representative of the deceased debtor or, if there is no legal personal representative, upon such person as the Court directs.
 (10) The Court may, if it is satisfied that there is no legal personal representative of the deceased debtor and that there are special circumstances that justify its so doing, by order dispense with service of the petition, either unconditionally or subject to conditions.
 (11) At the hearing of the petition, the Court shall require proof of:
 (a) the matters stated in the petition (for which purpose the Court may accept the affidavit verifying the petition as sufficient);
 (b) service of the petition, unless service of the petition has been dispensed with; and
 (c) the fact that the debt or debts to which the petition relates is or are still owing;
and if it is satisfied with the proof of those matters, may make an order that the estate be administered under this Part.
 (12) If the Court is not satisfied with the proof of any of those matters or is of the opinion that for other sufficient cause the order sought ought not be made, it may dismiss the petition.
 (13) Where proceedings have been commenced in a court for the administration of a deceased person's estate under a law of a State or Territory, a petition for an order under this section in relation to