The Qld Court of Appeal on Monday handed down a decision on a disputed de facto case.  The case was a fight between a mother and the partner of a deceased 25 year old woman who died in 2009 leaving behind two children aged 4 and 6.  The Court of Appeal upheld the trial judge’s finding that there was not a de facto relationship within the meaning of that term as used in the Succession Act (and the Acts Interpretation Act).  The Court also removed the mother as administrator and replaced her with the Public Trustee.

This was unfortunately not the first piece of litigation in this estate.  There had been earlier proceedings where there was an argument between the partner and the mother as to burial rights.  See Liston v Pierpoint (unreported Qld Supreme Court, Douglas J, 15 July 2009).