Section 46 — Bankruptcy Act 1966 (Cth)

Petition against 2 or more joint debtors

(1) A creditor’s petition may be presented against 2 or more joint debtors, whether partners or not.

(2) Where there are 2 or more respondents to a creditor’s petition, the Court may make a sequestration order against one or more of them and dismiss the petition in so far as it relates to the other or others.

Sourced from the Federal Register of Legislation at 26 May 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au. Verify the current text against the official source before relying on it.

Related sections

s 43 — Jurisdiction to make sequestration orders
s 44 — Conditions on which creditor may petition
s 45 — Creditor’s petition against partnership
s 47 — Requirements as to creditor’s petition
s 49 — Change of petitioners
s 50 — Taking control of debtor’s property before sequestration

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