Pellissier and Pellissier

In the matter of Pellissier and Pellissier, Collier J of the Family Court of Australia considered applications following the deaths of both the husband and wife in the proceedings. The wife's legal representative sought leave to appear for Ms H, the executor of the wife's estate.

The central legal issue before the Court was whether it retained jurisdiction to continue hearing the matter given the death of both parties. The Court was required to determine if any federal issue remained for determination, which would be necessary to sustain its jurisdiction.

Collier J reasoned that the death of both the husband and wife extinguished any remaining federal issue that would empower the Family Court of Australia to continue the proceedings. Consequently, the Court found it had no jurisdiction to entertain the matter further. The Court granted retrospective leave for the wife's legal representative to appear for the executor of her estate.

The Court ordered that all applications and cross-applications be dismissed, and all issues be removed from the Active Pending Cases List. There were no orders for costs in respect of any applications made following these orders, and material produced on subpoena was to be returned after fifty-six days.