Queensland Consolidated Acts

CIVIL PROCEEDINGS ACT 2011 - SECT 105

105 No grant of representation before proceeding

(1) If—

(a) an originating process names as a defendant or respondent a person who is dead when the originating process issues; and

(b) the cause of action survives the person’s death; and

(c) a grant of representation has not been made when the originating process issues;

the proceeding is taken to have been brought against the person’s estate.

(2) However, if a grant of representation is made after the originating process issues, then, unless the court orders otherwise, the proceeding is afterwards taken to be against the person’s personal representative in the personal representative’s capacity as personal representative of the person’s estate.

(3) Even if a grant of representation has not been made when an order is made in the proceeding, the order binds the estate to the same extent as if a grant had been made and a personal representative of the deceased had been a party to the proceeding.