Presentation of a debtor’s petition against a partnership
(1) Any debtor’s petition against a partnership must be presented to the Official Receiver. (2) A petition must be in accordance with the approved form. (3) A petition must be accompanied by: (a) a statement of affairs of each member of the partnership by whom the petition is presented; and (b) a statement of the partnership affairs; and (c) a copy of each of those statements. (4) The Official Receiver may reject a petition if: (a) the petition does not comply substantially with the approved form; or (b) the petition is not accompanied by the statements of affairs of each petitioning partner and of the partnership; or (c) both: (i) the Official Receiver has given notice under subsection 57B(3) that the Official Receiver has refused to accept a statement of affairs filed for the purposes of paragraph (3)(a) or (b) of this section; and (ii) an updated statement of affairs has not been filed for the purposes of whichever of those paragraphs is applicable within the period specified in the notice. (5) Before accepting a debtor’s petition against a partnership, the Official Receiver must give the information prescribed by the regulations to each member of the partnership who joined in presenting the petition.
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.
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