BIANCHI & HOLTON

In the matter of *Bianchi & Holton*, the proceeding concerned an application for property settlement. The applicant, Mr Bianchi, had died during the course of the proceedings. The court was required to determine whether Mr Bianchi's legal personal representatives, Mr C and Mr D, should be substituted for him as the applicant in the proceeding.

The central legal issue before the court was the application of s 90SM(8) of the *Family Law Act 1975* (Cth) and Rule 6.15 of the *Family Law Rules 2004* (Cth) to permit the substitution of the deceased applicant's legal personal representatives. This involved considering whether the proceeding could continue in the absence of the original applicant and the appropriate mechanism for its continuation.

The court ordered that Mr C and Mr D be substituted for the deceased applicant, Mr Bianchi, pursuant to s 90SM(8) of the *Family Law Act 1975* and Rule 6.15 of the *Family Law Rules 2004*. The proceeding was then referred to the docketed registrar for ongoing case management and allocation to a judicial docket.