Section 56A — Bankruptcy Act 1966: 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.