Queensland Consolidated Acts

PARTNERSHIP ACT 1891 - SECT 13

13 Liability of the firm for wrongs

(1) Subject to subsection (2) , if, by any wrongful act or omission of any 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 his or her copartners, loss or injury is caused to any person not being a partner in the firm, or any penalty is incurred, the firm is liable for the loss, injury or penalty to the same extent as the partner so acting or omitting to act.

(2) For subsection (1) , a partner in a firm, other than an incorporated limited partnership, who commits a wrongful act or omission as a director of a body corporate under the Corporations Act is not to be taken to be acting in the ordinary course of the business of the firm or with the authority of the partner’s copartners only because of any 1 or more of the following—

(a) the partner obtained the agreement or authority of the partner’s copartners, or some of them, to be appointed or to act as a director of the body corporate;

(b) remuneration that the partner receives for acting as a director of the body corporate forms part of the income of the firm;

(c) any copartner is also a director of that or any other body corporate.

(3) Subject to subsection (4) , if by any wrongful act or omission of any general partner in an incorporated limited partnership acting in the ordinary course of the business of the incorporated limited partnership, or with its authority, loss or injury is caused to any person not being a partner in the incorporated limited partnership, or any penalty is incurred, the incorporated limited partnership is liable for the loss or injury or penalty to the same extent as the general partner so acting or omitting to act.

Note—

See section 12 (2) about joint liability of general partners and the incorporated limited partnership.

(4) For subsection (3) , a general partner in an incorporated limited partnership who commits a wrongful act or omission as a director of a body corporate under the Corporations Act is not to be taken to be acting in the ordinary course of business of the incorporated limited partnership or with its authority only because of any 1 or more of the following—

(a) the general partner obtained the agreement or authority of the incorporated limited partnership to be appointed or to act as a director of the body corporate;

(b) remuneration that the general partner receives for acting as a director of the body corporate forms part of the income of the incorporated limited partnership;

(c) any other general partner in the incorporated limited partnership is also a director of that or any other body corporate.