This is a document determination of partnership notice.
This precedent can be used as an acknowledgement by the partners of a partnership of the proper process that is to occur upon the ending of the partnership. This can be used whether the partnership is end due to retirement, resignation or expulsion of a partner, or due to complete dissolution of the partnership.
Using this precedent
This is a notice about the obligations relating to dissolving a partnership, not a notice indicating that the partnership is being dissolved. For a notice of dissolution, see the separate precedents “Notice dissolving partnership subsisting without deed”, “Notice of admission of new partner” and “Notice of intention to dissolving partnership pursuant to agreement”, “Dissolution Deed with continuation of business after retirement of partner” for actual dissolution notices.
Most Australian states and territories require advertisement in the appropriate publication if the partnership is to be dissolved (see the applicable Partnership Act in the relevant state or territory).
Practitioners may wish to have the partners sign this document separately, or it can be annexed to the partnership agreement. It will assist if 1 partner refuses to sign the relevant documents required for dissolution and advertisement of the dissolution of the partnership.
This document has been authored for LexisNexis by Michael Heraghty, Partner, TressCox Lawyers, Rosemarie Ryan, Barrister and Jacqui L Walker, Principal Lawyer, J L Walker Law.
This document is prepared with the assistance of Specialist Editor Stephen Newman, Executive Counsel, Ponte Earle.