Victorian Consolidated Legislation

Partnership Act 1958 - SECT 39

Dissolution by the court

39. Dissolution by the court

On application by a partner the court may decree a dissolution of the
partnership in any of the following cases-

   (a)  when a partner is found to be mentally ill, in which case the
        application may be made as well on behalf of that partner by his or
        her guardian or administrator if appointed under the
        Guardianship and Administration Act 1986 or other person having title
        to intervene as by any other partner;

   (b)  when a partner other than the partner suing becomes in any other way
        permanently incapable of performing his part of the partnership
        contract;

   (c)  when a partner other than the partner suing has been guilty of such
        conduct as in the opinion of the court regard being had to the nature
        of the business is calculated to prejudicially affect the carrying on
        of the business;

   (d)  when a partner other than the partner suing wilfully or persistently
        commits a breach of the partnership agreement or otherwise so conducts
        himself in matters relating to the partnership business that it is not
        reasonably practicable for the other partner or partners to carry on
        the business in partnership with him;

   (e)  when the business of the partnership can only be carried on at a loss;

   (f)  whenever in any case circumstances have arisen which in the opinion of
        the court render it just and equitable that the partnership be
        dissolved.