Becker (deceased) & Anor and Becker

The Family Court of Australia, in the matter of *Becker (deceased) & Anor & Becker*, considered property settlement proceedings that continued after the death of one of the parties, Ms. Becker. The proceedings involved Ms. Becker's estate, represented by an applicant other party, and the respondent, Mr. Becker. The court was asked to make final property settlement orders.

The central legal issue before the court was whether it could and should make property settlement orders under section 79 of the *Family Law Act 1975* (Cth) notwithstanding the death of one of the parties. This required the court to consider the principles established in *Stanford v Stanford* [2012] HCA 52, specifically the requirement to determine if an order would have been made had the deceased party not died, and if it remained appropriate to make such an order. The court also had to assess whether making an order was just and equitable in the circumstances, taking into account the factors outlined in sections 79(4) and 75(2) of the Act.

Justice Dawe reasoned that section 79(8) of the Act permits proceedings to continue after a party's death, provided the court forms the opinion that an order would have been made if the party had not died and that it is still appropriate to make an order. The court found it was readily satisfied that an order would have been made, considering the length of the marriage and the care of the parties' two children. Furthermore, the court determined it remained appropriate to make an order, applying the just and equitable test under section 79(2). This involved considering the contributions of the parties under section 79(4) and the ongoing needs of the respondent, particularly in relation to the children, as per section 75(2).

Consequently, the court made final orders for property settlement, confirming the consent orders made on 19 July 2012, and dismissed all other proceedings.