ACTIn ForceRegulation
Court Procedures Rules
6433Service of originating process on partnership
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6433 Service of originating process on partnership
(1) An originating process against a partnership must be served in
accordance with these rules—
(a) on at least 1 of the partners; or
(b) 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
(c) for an incorporated limited partnership—at the partnership’s
registered office.
(2) 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.
(3) 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.
(4) 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.
(5) 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.
Rule 6434
registered office, of an incorporated limited partnership, means the
registered office kept under the Partnership Act 1963, section 90.