Effect of death of party on application
22 Effect of death of party on application
If either party to an application for an order under Division 3 dies before the application is determined, the application may be continued by or against the legal personal representative of the deceased party.
A court may make an order on an application continued by virtue of subsection (1) if it is of the opinion that:
it would have adjusted interests in respect of property if the deceased party had not died; and
despite the death of the deceased party, it is still appropriate to adjust those interests.
An order made by virtue of subsection (2) may be enforced on behalf of, or against the estate of, the deceased party.
The rules of a court may provide for the substitution of the legal personal representative as a party to the application.
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