Australian Capital Territory Current Acts

PARTNERSHIP ACT 1963 - SECT 14

    (1)     This section applies if, by any wrongful act or omission of a partner (the relevant partner ) in a firm other than an incorporated limited partnership acting in the ordinary course of the business of the firm, or with the authority of the other partners in the firm—

        (a)     loss or injury is caused to someone who is not a partner in the firm; or

        (b)     a penalty is incurred.

    (2)     The firm is liable in relation to the loss, injury or penalty to the same extent as the relevant partner.

    (3)     For this section, a partner in a firm other than an incorporated limited partnership who commits a wrongful act or omission as a director of a company or other body (within the meaning of the Corporations Act

), as a member of a Territory authority, or as a member of the board (however described) of a Territory authority, is not to be taken to be acting in the ordinary course of business of the firm, or with the authority of the other partners in the firm, only because of 1 or more of the following:

        (a)     the partner obtained the agreement or authority of the other partners in the firm, or some of them, to be appointed or to act as director or member;

        (b)     the remuneration that the partner receives as director or member forms part of the income of the firm;

        (c)     any other partner of the firm is also such a director or member, whether of the same or a different body, Territory authority or board.