Court Procedures Rules 2006

This rule applies if the enforcement debtor in relation to an enforceable money order of the court is a partner in a partnership.

On application by the enforcement creditor, the court may—

make an order charging the interest of the partner in the partnership property and profits of the partnership with payment of the amount of the order debt (including interest); and

by that order or another order—

appoint a receiver of the partner’s share of the profits (whether already declared or accruing) of the partnership and of any other amount that may be coming to the partner in relation to the partnership; and

make any order or give any direction that might have been made or given if the charge had been made in favour of the enforcement creditor by the partner or that the circumstances require.

Pt 6.2 (Applications in proceedings) applies to an application for an order under this rule.

The application must be served on the enforcement debtor and the partners of the partnership.

For this rule, service on each partner who lives in the ACT is sufficient service on any partner who lives outside the ACT.

If the interest of a partner in partnership property and profits of the partnership is charged under subrule (2), the other partners in the partnership may—

at any time, redeem the interest charged; or

if a sale of the interest is directed—buy the interest.

This rule does not apply in relation to an incorporated limited partnership.