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—
This Act may be cited as the Partnership Act 1892.
In this Act—
The Interpretation Act 1987 contains definitions and other provisions that affect the interpretation and application of this Act.
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.
Notes included in this Act do not form part of this Act.
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.
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.
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.
In determining whether a partnership does or does not exist, regard shall be had to the following rules—
(1) Joint tenancy, tenancy in…