Western Australian Current Acts Western Australian Current Acts (1) Where by any
wrongful act or omission of any partner acting in the ordinary course of the
business of the firm, or with the authority of his 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 therefor to the same extent as the partner so
acting or omitting to act.
(2) For the purposes
of subsection (1), a partner who commits a wrongful act or omission as a
director of a corporation, as defined in section 9 of the
Corporations Act 2001 of the Commonwealth, 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 one 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 corporation;
(b)
remuneration that the partner receives for acting as a director of the
corporation forms part of the income of the firm;
(c) any
copartner is also a director of that or any other corporation;
(d) the
firm acts for the corporation.
[Section 17 amended: No. 3 of 2005 s. 3.]