Hamilton and Paton

In the matter of *Hamilton and Paton*, heard before Macmillan J, the proceedings concerned property division following the death of a husband. Ms Hamilton, as the legal personal representative of the deceased husband, sought to be substituted as a party to the property proceedings in place of the deceased.

The central legal issue before the court was whether the legal personal representative of a deceased party to property proceedings under the *Family Law Act 1975* (Cth) could be substituted for the deceased party. This required the court to consider the application and scope of section 79(8) of the *Family Law Act 1975* (Cth).

Macmillan J ordered that Ms Hamilton, as the legal personal representative of the deceased husband, be substituted for the deceased as a party to the property proceedings, pursuant to section 79(8) of the *Family Law Act 1975* (Cth). This substitution was necessary to allow the property proceedings to continue following the husband's death.