Partnership Act 1958 (Vic)

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Version No. 084

Partnership Act 1958

No. 6330 of 1958

Version incorporating amendments as at


1 March 2020

TABLE OF PROVISIONS

Section  Page

Part 1—Preliminary

1Short title and commencement

2Repeal

3Definitions

4Saving of rules of equity and common law

Part 2—Partnerships generally

Division 1—Nature of partnerships

5Definition of partnership

6Rules for determining existence of partnership

7Postponement of rights of person lending or selling in case of bankruptcy

8Meaning of firm

Division 2—Relationship of partners to persons dealing with them

9Power of partner to bind the firm

10Partners bound by acts on behalf of firm

11Partner using credit of firm for private purposes

12Effect of notice that firm will not be bound by acts of partner

13Liability of partners

14Liability of the firm for wrongs

15Misapplication of money or property

16Liability for wrongs joint and several

17Improper employment of trust property for partnership purposes

18Persons liable by holding out

19Admissions and representations of partners

20Notice to acting partner to be notice to the firm

21Liabilities of incoming and outgoing partners

22Revocation of continuing guaranty by change in firm

Division 3—Relationship between partners

23Variation by consent of terms of partnership

24Partnership property

25Property bought with partnership money

26Personal estate held as partnership property

27Procedure against partnership property for a partner's separate judgment debt

28Rules etc. of partners when not subject to special agreement

28ACredit law excluded matter

29Expulsion of partner

30Retirement from partnership at will

31Continuance of partnership on old terms

32Duty of partners to render accounts etc.

33Accountability of partners for private profits

34Duty of partner not to compete with firm

35Rights of assignee of share in partnership

Division 4—Dissolution of partnership

36Dissolution by expiration or notice

37Dissolution by death or bankruptcy or charge

38Dissolution by illegality of partnership

39Dissolution by the court

40Rights of persons dealing with firm against apparent members of firm

41Right of partners to notify dissolution

42Continuing authority of partners for purposes of winding up

43Rights of partners as to application of partnership property

44Apportionment of premium where partnership prematurely dissolved

45Rights where partnership dissolved for fraud or misrepresentation

46Share of profits made after dissolution

47Retiring or deceased partner's share to be a debt

48Rule for distribution of assets on final settlement of accounts

Part 3—Limited partnerships

Division 1—Preliminary

49Definitions and application of Parts 1 and 2

Division 2—Nature and formation of limited partnerships

50Composition of limited partnership

51Size of limited partnership

52How formed

Division 3—Registration of limited partnerships

54Application for registration

55Registration of limited partnership

56Changes in registered particulars

57Register of Limited Partnerships

58Certificates of registration etc.

Division 4—Limitation of liability of limited partners

60Liability of limited partner limited to amount shown in Register

61Change in liability of limited partner

62Change in status of partners

63Liability for business conducted outside the State

64Liability for limited partnerships formed under corresponding laws

64AEffect of sections 63 and 64

65Contribution towards discharge of debts etc.

66Limitation on liability may not be varied by partnership agreement etc.

Division 5—Other modifications of general law of partnership

67Limited partner not to take…

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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.