Liability for loss, injury or penalty
14 Liability for loss, injury or penalty
(1) A firm other than an incorporated limited partnership is liable to the same extent as a partner in the firm for any loss, injury or penalty caused by an act (including omission) of the partner if:
(a) the act occurred while the partner was acting in the ordinary course of the firm's business or with the authority of the other partners; and
(b) for a loss or injury – the loss or injury is not suffered by a partner in the firm.
(2) An incorporated limited partnership is liable to the same extent as a general partner in the partnership for any loss, injury or penalty caused by an act (including omission) of the general partner if:
(a) the act occurred while the partner was acting in the ordinary course of the partnership's business or with the partnership's authority; and
(b) for a loss or injury – the loss or injury is not suffered by a partner in the partnership.
(3) For subsections (1) and (2), an act of a partner as a director must not be taken to have occurred in the ordinary course of the firm's business or with the firm's authority only because of one or more of the following:
(a) the partner obtained the firm's agreement or authority to be appointed or to act as the director;
(b) the remuneration the partner receives as the director forms part of the firm's income;
another partner in the firm is a director.
In this section:
director means:
(a) a director of a corporation within the meaning of the Corporations Act 2001; or
a member of a body established by a law of the Territory.
This Act’s bill:Second reading speech
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