Partnership (Australia)
In Australia, each state has enacted legislation regarding partnerships.
The definition of a partnership does not vary across jurisdictions, with each definition encompassing the following criteria in determining the existence of a partnership:
Valid Agreement between the parties;
To carry on a business - as opposed to a single or isolated transaction, which suggests a Joint venture.;
In Common - meaning there must be some mutuality of rights, agency, interests and obligations;
View to Profit - partnerships must form with a view to profit. Other business structures such as charities and sporting clubs do not seek to share profits and liabilities, and are thus treated differently under each state jurisdiction's respective Associations Incorporation Act.
Who is a partner?
As to whether any given person involved with a company is a 'partner', guidance is found in s.6 of the Act. Several rules are given. The most common are as follows:
Joint-ownership:
Rule 1 - s.6(1)provides that there must be joint-ownership. This is rather self-explanatory but the mere fact that persons may be joint-tenants or have part ownership do not in themselves create a partnership. Typically, where the rules below point towards a partnership, such would generally satisfy this rule.