Partnership Act 1895 (WA)

Western Australia

Western Australia

Partnership Act 1895

An Act to consolidate and amend the law of partnership.

[Heading inserted: No. 19 of 2010 s. 44(2).]

This Act may be cited as the Partnership Act 1895 1.

[Section 1 inserted: No. 74 of 2003 s. 144(1).]

This Act shall commence and come into force on 1 October 1895.

In this Act the following words and expressions are used in the following senses, unless a different intention appears from the context —

business includes any trade, occupation, or profession;

court includes every court and judge having jurisdiction in the case;

incorporated limited partnership has the meaning given in the Limited Partnerships Act 2016 section 3;

land includes hereditaments, corporeal and incorporeal, of any tenure;

limited partnership has the meaning given in the Limited Partnerships Act 2016 section 3;

person includes any body of persons corporate or unincorporated;

writing includes print, and written includes printed.

[Section 3 amended: No. 54 of 2016 s. 122(2).]

• (1)

  Subject to subsections (2) and (3), this Act shall not apply to any company or association which is — 

  • (a)

    registered as a company under the Corporations Act 2001 of the Commonwealth or any other Act of Parliament for the time being in force and relating to the registration of joint stock companies; or

  • (b)

    formed or incorporated by or in pursuance of any other local or foreign Act of Parliament, or Letters Patent, or Royal Charter.

• (2)

  This Act applies to a limited partnership to the extent and with the modifications set out in the Limited Partnerships Act 2016 section 6.

• (3)

  This Act applies to an incorporated limited partnership to the extent and with the modifications set out in the Limited Partnerships Act 2016 sections 8 and 9.

[Section 4 amended: No. 10 of 2001 s. 192; No. 54 of 2016 s. 122(3) and (4).]

[5. Omitted under the Reprints Act 1984 s. 7(4)(f).]

The rules of equity and common law applicable to partnership shall continue in force, except so far as they are inconsistent with the express provisions of this Act.

• (1)

  Subject to subsection (3), partnership is the relation which subsists between persons carrying on a business in common with a view of profit.

• (2)

  In deciding whether a partnership does or does not exist in any particular case, the court shall have regard to the true contract and intention of the partners as appearing from the whole facts of the case.

• (3)

  Partnership does not include the relation which subsists between —

  • (a)

    the partners in an incorporated limited partnership; or

  • (b)

    an incorporated limited partnership and its partners.

[Section 7 amended: No. 54 of 2016 s. 122(5) and (6).]