Description
An Outline of the Law of Partnership explains and illustrates the major legal principles governing the formation, operation and termination of partnerships and details how the principles work in practice.
This 5th edition updates all relevant statutory provisions and includes references to all of the major (and many minor) new cases. It also expands existing explanations and, where relevant, includes additional examples to illustrate how the law applies in practice.
The major statutory changes covered include those resulting from passage of the Business Names Registration Act 2011 (Cth) (and the associated repeal of the individual state and territory Business Names Acts), the passage of the Limited Partnerships Act 2016 (WA) (and the associated repeal of the Limited Partnerships Act 1909 (WA)) and the introduction of the Federal Court Rules 2011 (Cth).
Other minor changes to be included are the renaming of the Human Rights and Equal Opportunities Commission Act 1986 (Cth) as the Australian Human Rights Commission Act 1986 (Cth) and the passage in New Zealand of the Senior Courts Act 2016 (NZ) to consolidate and replace the judicature Act 1908 (NZ) and the Supreme Court Act 2003 (NZ) (along with the associated introduction of the High Court Rules 2016 (NZ)) and of the Contract and Commercial Law Act 2017 (NZ) to consolidate and replace, inter alia, the Illegal Contracts Act 1970 (NZ) and the Minors’ Contracts Act 1969 (NZ).
New cases covered in this edition include:
- Electricity Generation Corp v Woodside Energy Ltd - interpretation of contracts generally;
- Fazio v Fazio - variation and repudiation;
- Gaffney v RSM Bird Cameron - expulsion and discrimination;
- Lederberger v Mediterranean Olives Financial Pty Ltd - statutory agency, misrepresentation of authority and ratification;
- Wood v Fresher Foods Ltd - holding out and notifying change;
- Seven Fields Operations Pty Ltd v Dime Citrus Pty Ltd - joint liability;
- Hraki v Hraki and Crouch and Lyndon v IPG Finance Australia Pty Ltd - ordinary course of business and apparent authority;
- Sze Tu v Lowe, Hungerford v Richardson and Commissioner of State Revenue v Danvest Pty Ltd - partnership property;
- Raulfs v Fishy Bite Pty Ltd - rights to participate in management;
- Wang v Rong and Uren v Uren - sharing profits;
- Murray v Lesicar - partnership books;
- Barescape Pty Limited v Bacchus Holdings Pty Limited - competing and full disclosure;
- Herrod v Johnston - buy-outs on death;
- Nelson v Moorcraft - fixed term partnerships;
- Gumbleton v Hewitt and Moore v Moore - wilful or persistent breach;
- Golstein v Bishop, Bonzale v Cullu and Letizia Building Co Pty Ltd v Redglow Asset Pty Ltd - repudiation and notice;
- Drake v Harvey - valuations;
- Belgravia Nominees Pty Ltd v Lowe Pty Ltd and Grizonic v Suttor - continuing authority; and
- Re D Marks Partnership and Federal Commissioner of Taxation, Lawrence & Hanson Group Pty Ltd v Young and Deputy Commissioner of Taxation v McGuire - limited partnerships.
An Outline of the Law of Partnership, 5th Edition continues to provide an accessible, broad, readable coverage of the law governing partnerships.
Table of Contents
1. The Nature of Partnerships
2. Determining Whether a Partnership Exists
3. Forming a Partnership
4. Partners and those who deal with the Firm
5. The Partnership Relationship and Partnership Property
6. The Partners' Statutory Rights and Duties
7. Terminating a Partership
8. Dissolution and Winding Up
9. The Effect of Dissolution
10. Limited Partnerships
11. Incorporated Limited Partnerships
Partnerships Voluntary Associations & Joint Ventures