Western Australian Consolidated Acts

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PARTNERSHIP ACT 1895

Partnership Act 1895

TABLE OF PROVISIONS

           Long Title

   1.      Short title  
   2.      Commencement  
   3.      Terms used in this Act  
   4.      Application of Act  
   6.      Present law to continue except as modified  

   PART I -- Nature of partnership  

   7.      Meaning of “partnership”  
   8.      Rules to apply in determining partnership  
   9.      Seller of business to be deferred to other creditors for value  
   10.     Meanings of “firm” and “firm-name”  
   11.     Number of persons in firm  
   12.     Choice of firm-name  

   PART II -- Relations of partners to persons dealing with them  

   13.     Partners bound by acts of firm  
   14.     Partner using credit of firm for private purposes  
   15.     Effect of notice that firm will not be bound by act of partner  
   16.     Liability of partners  
   17.     Liability of firm for wrongs  
   18.     Misapplication of money or property  
   19.     Liability for wrongs, joint and several  
   20.     Improper employment of trust property  
   21.     Persons liable by “holding out”  
   22.     Admissions and representations by partners  
   23.     Notice to acting partner to be notice to firm  
   24.     Liabilities of incoming and outgoing partners  
   25.     Revocation of continuing guaranty  
   26.     Special powers of partners  
   27.     Special powers of partners in certain firms  
   28.     Enforcing judgments against partners and partnerships  

   PART III -- Relations of partners to one another  

   29.     Terms of partnership may be varied by consent  
   30.     Meaning of “partnership property”  
   31.     Property bought with partnership money  
   32.     Conversion of real into personal estate  
   33.     Meaning of “partner’s share”  
   34.     Rules as to interests, rights and duties of partners  
   35.     Expulsion of partner  
   36.     Retirement of partner where fixed term  
   37.     Retirement from partnership at will  
   38.     Where partnership continued after expiration of term  
   39.     Partners to render accounts  
   40.     Partners must account for all benefits derived  
   41.     Partner must not compete with firm  
   42.     Effect of assignment of partner’s share  
   43.     Dissolution by expiration of notice  
   44.     Dissolution by death, bankruptcy, assignment or charge  
   45.     Dissolution by illegality of partnership  
   46.     Dissolution by court  
   47.     Rights of creditors against apparent members of firm  
   48.     Partner may notify of dissolution  
   49.     Authority for purposes of winding up  
   50.     Application of partnership property  
   51.     Sale of goodwill on dissolution  
   52.     Use of firm-name may be restrained  
   53.     Provision where premium paid  
   54.     Lien on assets where partnership dissolved for fraud  
   55.     Right of outgoing partner in certain cases to share profits made after dissolution  
   56.     Retaining of deceased partner’s share to be a debt  
   57.     Rules for distribution of assets on final settlement of accounts  
           Compilation table


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