Victorian Current Acts

PARTNERSHIP ACT 1958 - SECT 39

On application by a partner the court may decree a dissolution of the partnership in any of the following cases—

S. 39(a) substituted by No. 55/1987 s. 57(3)(Sch. 5 item 37), amended by Nos 52/1998 s. 311(Sch. 1 item 71), 13/2019 s. 221(Sch.  1 item 36).

        (a)     when a partner is found to be mentally ill, in which case the application may be made as well on behalf of that partner by his or her guardian or administrator if appointed in a guardianship order or an administration order made under the Guardianship and Administration Act 2019 or other person having title to intervene as by any other partner;

        (b)     when a partner other than the partner suing becomes in any other way permanently incapable of performing his part of the partnership contract;

        (c)     when a partner other than the partner suing has been guilty of such conduct as in the opinion of the court regard being had to the nature of the business is calculated to prejudicially affect the carrying on of the business;

        (d)     when a partner other than the partner suing wilfully or persistently commits a breach of the partnership agreement or otherwise so conducts himself in matters relating to the partnership business that it is not reasonably practicable for the other partner or partners to carry on the business in partnership with him;

        (e)     when the business of the partnership can only be carried on at a loss;

        (f)     whenever in any case circumstances have arisen which in the opinion of the court render it just and equitable that the partnership be dissolved.

No. 3745 s. 40.