New South Wales Consolidated Acts

PROPERTY (RELATIONSHIPS) ACT 1984 - SECT 24

24 Effect of death of parties on application

(1) Where, before an application under section 20 is determined, either party to the application dies, the application may be continued by or against, as the case may require, the legal personal representative of the deceased party.

(2) Where a court is of the opinion--

(a) that it would have adjusted interests in respect of property if the deceased party had not died, and

(b) that, notwithstanding the death of the deceased party, it is still appropriate to adjust those interests,

the court may make an order under this Part in respect of that property.

(3) An order referred to in subsection (2) may be enforced on behalf of, or against, as the case may require, the estate of the deceased party.

(4) The rules of a court may, for the purposes of subsection (1), provide for the substitution of the legal personal representative as a party to the application.