Victorian Consolidated Legislation

Partnership Act 1958 - SECT 27

Procedure against partnership property for a partner's separate judgment debt

27. Procedure against partnership property for a partner's separate judgment
debt



(1) A writ of execution shall not issue against any partnership property
except on a judgment against the firm.

(2) The Supreme Court or the county court may on the application of any
judgment creditor of a partner make an order charging that partner's interest
in the partnership property and profits with payment of the amount of the
judgment debt and interest thereon, and may by the same or a subsequent order
appoint a receiver of that partner's share of profits (whether already
declared or accruing) and of any other money which may be coming to him in
respect of the partnership, and direct all accounts and inquiries and give all
other orders and directions which might have been directed or given if the
charge had been made in favour of the judgment creditor by the partner, or
which the circumstances of the case may require.

(3) The other partner or partners shall be at liberty at any time to redeem
the interest charged or in case of a sale being directed to purchase the same.