Bankruptcy Act 1966

A debtor’s petition against a partnership may be presented by:

all the partners; or

a majority of the partners who are resident in Australia.

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.

A member of a partnership who has executed a personal insolvency agreement must not join in presenting a petition against the partnership unless:

the agreement has been set aside; or

the agreement has been terminated; or

all the obligations that the agreement created have been discharged; or

the Court gives permission for the member to join in presenting a petition against the partnership.

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.

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.