Service of originating process on partnership
6433 Service of originating process on partnership
An originating process against a partnership must be served in accordance with these rules—
on at least 1 of the partners; or
on someone at the partnership’s main place of business in the ACT who appears to have control or management of the partnership’s business at the place; or
for an incorporated limited partnership—at the partnership’s registered office.
If the originating process is served under subrule (1), each of the partners who were partners in the partnership when the originating process was issued, including a partner who was outside the ACT at the time, is taken to have been served.
However, if the plaintiff knows that the partnership has been dissolved before the proceeding is started, the originating process must be served on everyone sought to be made liable.
To remove any doubt, if the partnership has been dissolved before the proceeding is started, but the plaintiff does not know it has been dissolved, subrules (1) and (2) apply as if the partnership had not been dissolved.
The originating process must also be served on anyone the plaintiff seeks to make liable as a partner but who was not a partner when the originating process was issued.
In this rule:
registered office, of an incorporated limited partnership, means the registered office kept under the Partnership Act 1963, section 90.
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