Partition Act 1869 (TAS)

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Partition Act 1869

An Act to amend the law relating to partition

[Royal Assent 22 October 1869]

Be it enacted by His Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows:

1Short titleThis Act may be cited as the Partition Act 1869 . 2Interpretation [Section 2 Amended by 25 Geo. V No. 78 ]In this Act the Court means the Supreme Court. 3In partition action Court may order sale instead of division [Section 3 Amended by 25 Geo. V No. 78 ]In an action for partition, where, if this Act had not been passed, an order for partition might have been made, then, if it appears to the Court that by reason of the nature of the property to which the action relates, or of the number of the parties interested or presumptively interested therein, or of the absence or disability of some of those parties, or of any other circumstances, a sale of the property and a distribution of the proceeds would be more beneficial for the parties interested than a division of the property between or among them, the Court may, if it thinks fit, on the request of any of the parties interested, and notwithstanding the dissent or disability of any others of them, direct a sale of the property accordingly, and may give all necessary or proper consequential directions. 4Sale on application of parties interested to extent of moiety or upwards [Section 4 Amended by 25 Geo. V No. 78 ]In an action for partition, where, if this Act had not been passed, an order for partition might have been made, then if the party or parties interested, individually or collectively, to the extent of one moiety or upwards in the property to which the action relates, request the Court to direct a sale of the property and a distribution of the proceeds instead of a division of the property between or among the parties interested, the Court shall, unless it sees good reason to the contrary, direct a sale of the property accordingly, and give all necessary or proper consequential directions. 5As to purchase of share of party requesting sale [Section 5 Amended by 25 Geo. V No. 78 ] (1)  In an action for partition, where, if this Act had not been passed, an order for partition might have been made, then, if any party interested in the property to which the action relates requests the Court to direct a sale of the property and a distribution of the proceeds instead of a division of the property between or among the parties interested, the Court may, if it thinks fit, unless the other parties interested in the property, or some of them, undertake to purchase the share of the party requesting a sale, direct a sale of the property, and give all necessary or proper consequential directions. (2)  Where…

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.