New South Wales Consolidated Acts

CRIMES (SERIOUS CRIME PREVENTION ORDERS) ACT 2016 - SECT 10

10 Dissolution of partnerships

(1) An eligible applicant may apply to the Supreme Court for an order (a
"compulsory dissolution order" ) requiring the dissolution of a partnership if the partnership has, or one or more of the partners have, been convicted of an offence against section 8.

Note : The Partnership Act 1892 provides for incorporated limited partnerships. Incorporated limited partnerships are persons for the purposes of this Act because they are bodies corporate. See the definition of
"person" in the Interpretation Act 1987 .

(2) The Supreme Court may make a compulsory dissolution order against a partnership if the Court is satisfied that--

(a) the partnership has, or one or more of the partners have, been convicted of an offence against section 8, and

(b) there are no further avenues of appeal available to the partnership or partners in respect of the conviction or convictions, and

(c) it is in the public interest, and just and equitable, for the partnership to be dissolved.

(3) If a compulsory dissolution order is made against a partnership--

(a) in the case of an incorporated limited partnership--Schedule 1 to the Partnership Act 1892 is taken (subject to such modifications as may be prescribed by the regulations) to apply to the dissolution of the partnership as if the Registrar had published a conclusive certificate under clause 3 of that Schedule on the date the order takes effect that the partnership is required to be wound up, or

(b) in the case of any other partnership--Division 4 of Part 2 of the Partnership Act 1892 is taken (subject to such modifications as may be prescribed by the regulations) to apply to the dissolution as if the Supreme Court had made an order for dissolution under section 35 (f) of that Act.

(4) In this section--

"incorporated limited partnership" and
"Registrar" have the same meaning as in the Partnership Act 1892 .