Victorian Numbered Regulations

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SUPREME COURT (GENERAL CIVIL PROCEDURE) RULES 2015 (SR NO 103 OF 2015) - REG 17.11

Charge on partner's interest

    (1)     An application to the Court by a judgment creditor of a partner for an order charging that person's interest in the partnership property and profits under section 27 of the Partnership Act 1958 , and for such other orders as are thereby authorised to be made, and every application to the Court by a partner of a judgment debtor made in consequence of the first mentioned application shall be made by summons.

    (2)     A summons filed by the judgment creditor under this Rule and an order made on the summons shall be served

        (a)     on the judgment debtor; and

        (b)     on such of that person's partners as are within Victoria.

    (3)     A summons filed by a partner of a judgment debtor under this Rule and an order made on the summons shall be served

        (a)     on the judgment creditor;

        (b)     on the judgment debtor; and

        (c)     on such of the other partners of the judgment debtor as do not join in the application and are within Victoria.

    (4)     A summons or an order served under this Rule on some only of the partners of the judgment debtor shall be taken to have been served on all of the partners.



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