{"id":"tas:act-1869-011","name":"Partition Act 1869","slug":"partition-act-1869","collection":"act","jurisdiction":"tas","status":"in_force","isInForce":true,"actNumber":"11 of 1869","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":110953,"registerId":"tas-act-1869-011-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Short title","content":"### 1 Short title\n\n> This Act may be cited as the [Partition Act 1869](/view/html/inforce/2026-04-12/act-1869-011) .\n\n*\\[Sections 2 - 10 Amended by 25 Geo. V No. 78 \\]*","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Interpretation","content":"### 2 Interpretation\n\n> *\\[Section 2 Amended by 25 Geo. V No. 78 \\]*In this Act ***the Court*** means the Supreme Court.","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"In partition action Court may order sale instead of division","content":"### 3 In partition action Court may order sale instead of division\n\n> *\\[Section 3 Amended by 25 Geo. V No. 78 \\]*In an action for partition, where, if this Act had not been passed, an order for partition might have been made, then, if it appears to the Court that by reason of the nature of the property to which the action relates, or of the number of the parties interested or presumptively interested therein, or of the absence or disability of some of those parties, or of any other circumstances, a sale of the property and a distribution of the proceeds would be more beneficial for the parties interested than a division of the property between or among them, the Court may, if it thinks fit, on the request of any of the parties interested, and notwithstanding the dissent or disability of any others of them, direct a sale of the property accordingly, and may give all necessary or proper consequential directions.","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"Sale on application of parties interested to extent of moiety or upwards","content":"### 4 Sale on application of parties interested to extent of moiety or upwards\n\n> *\\[Section 4 Amended by 25 Geo. V No. 78 \\]*In an action for partition, where, if this Act had not been passed, an order for partition might have been made, then if the party or parties interested, individually or collectively, to the extent of one moiety or upwards in the property to which the action relates, request the Court to direct a sale of the property and a distribution of the proceeds instead of a division of the property between or among the parties interested, the Court shall, unless it sees good reason to the contrary, direct a sale of the property accordingly, and give all necessary or proper consequential directions.","sortOrder":3},{"sectionNumber":"5","sectionType":"section","heading":"As to purchase of share of party requesting sale","content":"### 5 As to purchase of share of party requesting sale\n\n> *\\[Section 5 Amended by 25 Geo. V No. 78 \\]*\n> \n> > (1)  In an action for partition, where, if this Act had not been passed, an order for partition might have been made, then, if any party interested in the property to which the action relates requests the Court to direct a sale of the property and a distribution of the proceeds instead of a division of the property between or among the parties interested, the Court may, if it thinks fit, unless the other parties interested in the property, or some of them, undertake to purchase the share of the party requesting a sale, direct a sale of the property, and give all necessary or proper consequential directions.\n> \n> > (2)  Where such undertaking is given, the Court may order a valuation of the share of the party requesting a sale in such manner as the Court thinks fit, and may give all necessary or proper consequential directions.","sortOrder":4},{"sectionNumber":"6","sectionType":"section","heading":"Parties interested may bid","content":"### 6 Parties interested may bid\n\n> On any sale under this Act the Court may, if it thinks fit, allow any of the parties interested in the property to bid at the sale on such terms as to non-payment of deposit or as to setting off or accounting for the purchase money or any part thereof instead of paying the same, or as to any other matters, as to the Court seems reasonable.","sortOrder":5},{"sectionNumber":"7","sectionType":"section","heading":"Application of  Trustee Act 1898","content":"### 7 Application of  Trustee Act 1898\n\n> *\\[Section 7 Amended by 25 Geo. V No. 78 \\]* [Section thirty-nine of the](/view/html/inforce/2026-04-12/act-1898-034#GS39@EN) [Trustee Act 1898](/view/html/inforce/2026-04-12/act-1898-034) shall extend and apply to cases where, in actions for partition, the Court directs a sale instead of a division of the property.","sortOrder":6},{"sectionNumber":"8","sectionType":"section","heading":"Application of  Settled Land Act 1884","content":"### 8 Application of  Settled Land Act 1884\n\n> *\\[Section 8 Amended by 25 Geo.V No. 78 \\]*Money to be received on any sale effected under the authority of this Act shall be subject to the provisions of the [Settled Land Act 1884](/view/html/inforce/2026-04-12/act-1884-010) relating to moneys arising from the sale of land under that Act.","sortOrder":7},{"sectionNumber":"9","sectionType":"section","heading":"Parties to partition actions","content":"### 9 Parties to partition actions\n\n> *\\[Section 9 Amended by 25 Geo. V No. 78 \\]*\n> \n> > (1)  Any person who, if this Act had not been passed, might have maintained an action for partition, may maintain such action against any one or more of the parties interested without serving the other or others, if any, of those parties; and it shall not be competent to any defendant in the action to object for want of parties.\n> \n> > (2)  At the hearing of the cause the Court may direct such inquiries as to the nature of the property, and the persons interested therein, and other matters as it thinks necessary or proper with a view to an order for partition or sale being made on further consideration; but all persons who, if this Act had not been passed, would have been necessary parties to the action shall be served with notice of the order on the hearing, and after such notice shall be bound by the proceedings as if they had been originally parties to the action, and shall be deemed parties to the action.\n> \n> > (3)  All such persons may have liberty to attend the proceedings, and any such person may, within a time limited by general orders, apply to the Court to add to the order.\n> \n> > (4)  If the Court is satisfied that any person who would have been a necessary party to the action cannot be found, the Court may proceed by partition or sale in the absence of such party.","sortOrder":8},{"sectionNumber":"10","sectionType":"section","heading":"Costs in partition action","content":"### 10 Costs in partition action\n\n> *\\[Section 10 Amended by 25 Geo. V No. 78 \\]*In an action for partition the Court may make such order as it thinks just respecting costs up to the time of the hearing.","sortOrder":9},{"sectionNumber":"11","sectionType":"section","heading":"Power of Court to dispense with service of notice of order in special cases","content":"### 11 Power of Court to dispense with service of notice of order in special cases\n\n> *\\[Section 11 Substituted by 25 Geo. V No. 78 \\]*\n> \n> > (1)  Where in an action for partition it appears to the Court that notice of the order cannot be served on all the persons on whom that notice is, by this Act, required to be served, or cannot be so served without expense disproportionate to the value of the property to which the action relates, the Court may, if it thinks fit, on the request of any of the parties interested in the property, and notwithstanding the dissent or disability of any others of them, by order, dispense with that service on any person or class of persons specified in the order.\n> \n> > (2)  In lieu of such service the Court may direct advertisements to be published at such times and in such manner as the Court shall think fit, calling upon all persons claiming to be interested in such property who have not been so served to come in and establish their respective claims in respect thereof before a judge in chambers within a time to be thereby limited.\n> \n> > (3)  After the expiration of the time so limited all persons who shall not have so come in and established such claims, whether they are within or without the jurisdiction of the Court (including persons under any disability), shall be bound by the proceedings in the action as if on the day of the date of the order dispensing with service they had been served with notice of the order, service whereof is dispensed with.\n> \n> > (4)  Thereupon the powers of the Court under the [Trustee Act 1898](/view/html/inforce/2026-04-12/act-1898-034) shall extend to their interests in the property to which the action relates as if they had been parties to the action; and the Court may thereupon, if it shall think fit, direct a sale of the property and give all necessary or proper consequential directions.\n\n*\\[Sections 12 - 16 Inserted by 25 Geo. V No. 78 \\]*","sortOrder":10},{"sectionNumber":"12","sectionType":"section","heading":"Proceedings where service of notice is dispensed with","content":"### 12 Proceedings where service of notice is dispensed with\n\n> *\\[Section 12 Inserted by 25 Geo. V No. 78 \\]*Where an order is made under this Act dispensing with service of notice on any person or class of persons, and property is sold by order of the Court –\n> \n> > > (a) the proceeds of sale shall be paid into Court to abide the further order of the Court;\n> > \n> > > (b) the Court shall, by order, fix a time, at the expiration of which the proceeds will be distributed, and may, by further order, extend that time;\n> > \n> > > (c) the Court shall direct such notices to be given by advertisements or otherwise as it thinks best adapted for notifying to any persons on whom service is dispensed with, who may not have previously come in and established their claims, the fact of the sale, the time of the intended distribution, and the time within which a claim to participate in the proceeds must be made;\n> > \n> > > (d) if at the expiration of the time so fixed or extended the interests of all the persons interested have been ascertained, the Court shall distribute the proceeds in accordance with the rights of those persons;\n> > \n> > > (e) if at the expiration of the time so fixed or extended the interests of all the persons interested have not been ascertained, and it appears to the Court that they cannot be ascertained, or cannot be ascertained without expense disproportionate to the value of the property or of the unascertained interests, the Court shall distribute the proceeds in such manner as appears to the Court to be most in accordance with the rights of the persons whose claims to participate in the proceeds have been established, whether all those persons are or are not before the Court, and with such reservations, if any, as to the Court may seem fit in favour of any other persons (whether ascertained or not) who may appear from the evidence before the Court to have any *prima facie* rights which ought to be so provided for, although such rights may not have been fully established, but to the exclusion of all other persons, and thereupon all such other persons shall by virtue of this Act be excluded from participation in those proceeds on the distribution thereof, but notwithstanding the distribution any excluded person may recover from any participating person any portion received by him of the share of the excluded person.","sortOrder":11},{"sectionNumber":"13","sectionType":"section","heading":"Provision for case of successive sales in same action and claimant at first excluded, but later admitted","content":"### 13 Provision for case of successive sales in same action and claimant at first excluded, but later admitted\n\n> *\\[Section 13 Inserted by 25 Geo. V No. 78 \\]*Where in an action for partition two or more sales are made, if any person who has by virtue of this Act been excluded from participation in the proceeds of any of those sales establishes his claim to participate in the proceeds of a subsequent sale, the shares of the other persons interested in the proceeds of the subsequent sale shall abate to the extent, if any, to which they were increased by the non-participation of the excluded person in the proceeds of the previous sale, and shall to that extent be applied in or towards payment to that person of the share to which he would have been entitled in the proceeds of the previous sale if his claim thereto had been established in due time.","sortOrder":12},{"sectionNumber":"14","sectionType":"section","heading":"Request by infant or person under disability","content":"### 14 Request by infant or person under disability\n\n> *\\[Section 14 Inserted by 25 Geo. V No. 78 \\]*\n> \n> > (1)  *\\[Section 14 Subsection (1) amended by No. 63 of 1963, s. 2 and Sched. 2 \\]*In an action for partition a request for sale may be made or an undertaking to purchase given on the part of an infant by his next friend or guardian.\n> \n> > (2)  The Court shall not be bound to comply with any such request or undertaking on the part of an infant unless it appear that the sale or purchase will be for his benefit.","sortOrder":13},{"sectionNumber":"15","sectionType":"section","heading":"Mortgagee may bring partition action: \"Mortgagee\" in this section, meaning of","content":"### 15 Mortgagee may bring partition action: \"Mortgagee\" in this section, meaning of\n\n> *\\[Section 15 Inserted by 25 Geo. V No. 78 \\]*\n> \n> > (1)  The mortgagee of the undivided share of any person who would have been entitled to maintain an action for partition under this Act shall be entitled to maintain such action in like manner as the mortgagor might have done.\n> \n> > (2)  The term ***mortgagee*** in this section shall include any persons in whom the legal right to receive the money secured by any mortgage may be vested at the time of the commencement of any such action; and the provisions of this section shall be applicable to all mortgages whenever executed.","sortOrder":14},{"sectionNumber":"16","sectionType":"section","heading":"Action for partition to include action for sale and distribution","content":"### 16 Action for partition to include action for sale and distribution\n\n> *\\[Section 16 Inserted by 25 Geo. V No. 78 \\]*An action for partition shall include an action for sale and distribution of the proceeds; and in an action for partition it shall be sufficient to claim a sale and distribution of the proceeds, and it shall not be necessary to claim a partition.","sortOrder":15}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":true,"description":"The original 1869 Act appears to have been a straightforward partition statute allowing courts to order sale instead of physical division. The 1934 amendments (sections 11-16) significantly expanded the scope to create a comprehensive procedural framework for handling missing parties, successive sales, mortgagee rights, and representation of infants/disabled persons. The amendment in section 16 effectively transformed the Act from a 'partition with sale alternative' into a 'sale and distribution' statute, making sale the primary remedy rather than physical division."},"complexity_factors":["Single defined term ('the Court') but uses archaic legal language throughout ('moiety', 'next friend', 'in chambers')","Multiple cross-references to repealed or historical legislation (Trustee Act 1898, Settled Land Act 1884) that require external knowledge to fully understand","Nested conditional logic in sections 3, 4, and 5 with multiple qualifying circumstances","Procedural complexity in sections 11-13 regarding substituted service, advertising requirements, and distribution of proceeds with reservation mechanisms","Section 13 contains a particularly convoluted 'abatement' calculation for successive sales with late-claiming parties","Mixture of discretionary powers ('may') and mandatory duties ('shall') that must be carefully distinguished","Historical layering visible: original 1869 provisions plus 1934 amendments (25 Geo. V No. 78) creating slight stylistic inconsistencies"],"plain_english_summary":"This law deals with what happens when multiple people own property together and can't agree on whether to keep it or sell it.\n\n**What it does:**\n- When co-owners (people who own property together) want to split up, they can ask the Supreme Court to either physically divide the land or force a sale and split the money.\n- The Court can order a sale instead of dividing the land if: the property would be hard to split up (like a house), there are too many owners, some owners are missing or legally unable to make decisions, or selling would simply be better for everyone financially.\n\n**Key rules:**\n- **Majority rules on sale:** If owners holding at least half the property (called a \"moiety\") want to sell, the Court must order a sale unless there's a good reason not to.\n- **Buy-out option:** Before forcing a sale, the Court can let other owners offer to buy out the person who wants to sell. If they do, the Court values the share and arranges the purchase.\n- **Owners can bid at auction:** Co-owners can bid to buy the property themselves at the court-ordered sale, sometimes without paying a deposit upfront.\n- **Missing owners:** If some owners can't be found, the Court can skip serving them notice and instead publish advertisements. After a waiting period, the sale proceeds go to the known owners, though missing owners can later claim their share from whoever received it.\n- **Mortgagees can sue:** Banks or lenders who hold mortgages on someone's share can also bring these court actions.\n- **Children and disabled owners:** Someone can request a sale on behalf of a child or person with legal disability, but only if it's in their best interests.\n\n**Who it affects:**\nAnyone who co-owns real estate in Australia—families who inherit property together, business partners, or anyone with a shared ownership dispute.\n\n**Why it matters:**\nWithout this law, a single co-owner could block a sale forever, even when selling makes more sense. This provides a fair way to resolve disputes when owners disagree about what to do with shared property."},"flash_summary":{"complexity_score":5,"scope_assessment":{"changed":true,"description":"Originally the Act simply allowed courts to order sale instead of partition when beneficial. Later amendments (by 25 Geo. V No. 78) significantly expanded its scope: it added mandatory sale upon request by owners holding at least half the property, procedures for dispensing with notice to absent owners, detailed distribution rules, inclusion of mortgagees as potential plaintiffs, and integration of sale as a primary remedy (section 16). These changes broadened the Act from a discretionary judicial tool to a structured process for resolving co-ownership disputes."},"complexity_factors":["Cross-references to other Acts (Trustee Act 1898, Settled Land Act 1884)","Multiple conditions for ordering a sale (sections 3, 4, 5)","Provisions for dispensing with service of notice (section 11) involving advertising and time limits","Detailed distribution rules for proceeds when owners cannot be found (section 12)","Rules for successive sales and abatement of shares (section 13)","Special provisions for infants and mortgagees (sections 14, 15)"],"plain_english_summary":"This Act deals with situations where multiple people own a property together (co-owners). It gives the Supreme Court the power to order the sale of the property instead of physically dividing it, if a sale would be more practical or fair. If at least half of the owners (based on their share of the property) ask for a sale, the Court must order it unless there is a strong reason not to. The Court can also allow a sale if one owner asks for it, unless the other owners buy that owner's share. The proceeds from a sale are distributed among the owners according to their rights. The Act also has rules for situations where some owners cannot be found, allowing the Court to proceed without them after publishing advertisements. It allows mortgage lenders (who hold a mortgage over an owner's share) to start a partition action, just like the owner could. Overall, the Act provides a legal process for co-owners to resolve disputes by selling the property and splitting the money."},"summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"Based on the available metadata, there is no indication that the scope of this Act has changed materially from its original intent. It remains focused on providing a legal mechanism for co-owners of property to force a division or sale of jointly held land in Tasmania. The Act has been in continuous operation since 1869 with amendments but no apparent fundamental change in purpose."},"complexity_factors":["The Act is very old (1869) meaning it uses archaic drafting language that can be difficult to interpret","Property co-ownership law intersects with other legislation (e.g., conveyancing, family law, succession law), creating complexity in application","The full text of the Act's provisions is not available in this extract, limiting analysis of specific procedural requirements","Amendments over time (referenced but not shown) may have altered the original operation in ways that are not immediately apparent","The concept of partition and the distinction between physical division versus forced sale involves legal nuance"],"plain_english_summary":"## Partition Act 1869 (Tasmania)\n\nThis is a very old Tasmanian law from 1869 that deals with **partition** — the legal process of dividing up property that is jointly owned by two or more people.\n\n### What does it do?\nWhen multiple people jointly own a piece of land or property and they can't agree on what to do with it, this Act gives them a legal mechanism to force a division. Essentially:\n- **Co-owners** (people who share ownership of a property) can apply to a court to have the property split up so each person gets their own separate share\n- If the property can't practically be divided (e.g., you can't cut a house in half), the court can order it to be **sold** and the proceeds shared among the owners\n\n### Who does it affect?\n- Anyone who **jointly owns** property in Tasmania — such as family members who inherited land together, business partners who bought property together, or former couples who own a home together\n- This could be very relevant in **divorce or separation situations**, deceased estate disputes, or business partnership breakdowns\n\n### Why does it matter?\nWithout a law like this, a co-owner who wants to exit a shared property arrangement could be **trapped** — unable to sell or use their share freely if the other owners refuse to cooperate. This Act gives them a legal escape route.\n\n### Important note\nThis Act is extremely old (over 150 years) and the full text of its provisions is not reproduced here, so the precise details of how it operates today may be affected by subsequent amendments and other Tasmanian property laws."},"issue_detection":{"absurdities":[],"contradictions":[]}},"importantCases":[],"_links":{"self":"/api/acts/partition-act-1869","history":"/api/acts/partition-act-1869/history","analysis":"/api/acts/partition-act-1869/analysis","conflicts":"/api/acts/partition-act-1869/conflicts","importantCases":"/api/acts/partition-act-1869/important-cases","documents":"/api/acts/partition-act-1869/documents"}}