The definition of 'associate' in s 4 of the Anti-Discrimination Act 1977 (NSW) requires a present, ongoing relationship at the time of the alleged discrimination; death severs the relationship of association. A discrimination claim by associates of a deceased person cannot succeed where the discriminatory act occurred after the death of the person with the protected attribute. The question whether 'person' in the Act includes a deceased person was left open by the majority (Campbell JA and Macfarlan JA), though Young JA held it does not.
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