Partnership Act 1892 (NSW)

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whole Act (italicised hdgs before sections): Am 1991 No 48, Sch 2 (1) (italicised headings before secs 1, 5, 19, 32 and 45 omitted).

An Act to declare and amend the law of Partnership.

WHEREAS it is expedient to declare and amend the law of Partnership—

Be it therefore enacted by the Queen’s Most Excellent Majesty, by and with the advice and consent of the Legislative Council and Legislative Assembly of New South Wales in Parliament assembled, and by the authority of the same, as follows—

Part 1Preliminary

pt 1: Ins 1991 No 48, Sch 2 (2).

1AName of Act

This Act may be cited as the Partnership Act 1892.

s 1A: Ins 1991 No 48, Sch 2 (2).

1BInterpretation(1)

In this Act—

business includes trade, occupation and profession.

Court means the court having jurisdiction in the case concerned.

general partner is defined in section 49.

incorporated limited partnership is defined in section 49.

limited partner is defined in section 49.

limited partnership is defined in section 49.

Note—

The Interpretation Act 1987 contains definitions and other provisions that affect the interpretation and application of this Act.

(2)

In this Act, a reference, in relation to an incorporated limited partnership, to the partnership or the firm is a reference to the incorporated limited partnership as a separate legal entity and not to the partners in that partnership.

(3)

Notes included in this Act do not form part of this Act.

s 1B: Ins 1991 No 48, Sch 2 (2). Am 2004 No 8, Sch 1 [1] [2].

1CApplication of laws of partnership to incorporated limited partnerships

Except as provided (whether expressly or by necessary implication) by this Act or any other enactment, the law relating to partnership does not apply to or in respect of an incorporated limited partnership, the partners in an incorporated limited partnership or to the relationship between an incorporated limited partnership and its partners.

s 1C: Ins 2004 No 8, Sch 1 [3].

Part 2Partnerships generally

pt 2, hdg: Ins 1991 No 48, Sch 2 (2).

Division 1Nature of partnership

pt 2, div 1, hdg: Ins 1991 No 48, Sch 2 (2).

1Definition of partnership(1)

Partnership is the relation which exists between persons carrying on a business in common with a view of profit and includes an incorporated limited partnership.

(2)

But the relation between members of any company or association which is—

  • (a)

    incorporated under the Corporations Act 2001 of the Commonwealth, or

  • (b)

    Formed or incorporated by or in pursuance of any other Act of Parliament or Letters Patent or Royal Charter,

is not a Partnership within the meaning of this Act.

s 1: Am 1991 No 48, Sch 2 (3); 2001 No 34, Sch 4.43 [1]; 2004 No 8, Sch 1 [4].

2Rules for determining existence of partnership(1)

In determining whether a partnership does or does not exist, regard shall be had to the following rules—

  • (1)

    Joint tenancy, tenancy in…

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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.