CAG v The Public Trustee of Qld (as personal representative of the estate of JM, dec'd)

In this case, the appellant, CAG, sought an adjustment of property interests in relation to the deceased's estate, JM, following the termination of their de facto relationship. The application was made under Part 19 of the Property Law Act 1974 (Qld). The Public Trustee of Queensland, as personal representative of JM's estate, opposed the application. The primary issue before the court was whether the right to apply for an adjustment of property rights under Part 19 of the Property Law Act 1974 (Qld) survives the death of the person against whom the right is asserted, so that it may be pursued against that person's estate.

The court considered the relevant statutory provisions and case law to determine the extent of the right to apply for an adjustment of property rights under the Act. It found that the right to apply for such an adjustment does not survive the death of the person against whom the right is asserted. The court held that the right to apply for an adjustment of property rights under Part 19 of the Property Law Act 1974 (Qld) is contingent upon the existence of a de facto relationship at the time of the application. Since the de facto relationship had ended prior to the death of JM, the appellant's application was dismissed.

The court further found that the appellant had not established a sufficient basis for an adjustment of property interests under the Act. The court rejected the appellant's arguments and dismissed the appeal with costs. The Public Trustee of Queensland, as personal representative of JM's estate, was not required to provide any adjustment of property interests to the appellant.