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Catchwords are the way in which we classify reports into a consistent taxonomy.

Coroner(3 results)

Reports matching this catchword classification

Priest v West (in his capacity as Deputy State Coroner of Victoria and Another)40 VR 521

[2012] VSCA 327·(Court of Appeal) (2012) Maxwell P, Harper and Tate JJA·20 Dec 2012·43p·

Administrative law - Judicial review - Coroner - Obligations - Inquest - Reportable death - Cause and circumstances of death - Possible findings - Relevant considerations - Disappearance and death of small child in 1968 - Contemporaneous abductions and deaths of four other children - Evidence - Admissibility - Relevance - Coroner excluding statements concerning circumstances of deaths of other children - Person found not guilty by reason of insanity of murdering one of those other children - Coroner's finding that same person was in vicinity of last sighting of missing child on day she disappeared - Excluded statements not relevant as evidence of striking similarities between murders - Relevant as evidence of propensity to violent crime - Relevant as going to identity of person - "Must find, if possible" - Coroners Act 2008 (No 77) s 67(1)(b) (c)

Coroners - Inquest - Characteristics - Inquisitorial court with duty to investigate - Evidence - Admissibility - Witness - Compellability - Incrimination - Propensity evidence - Reliability of evidence relevant to objection - Distinction between salient facts and mere pieces of evidence - Whether coroner obliged to inform witness that certificate of immunity would issue if witness gave evidence - "Interests of justice" - Coroners Act 2008 (No 77) s 57(3) (4)

Mortimer v West56 VR 608

[2018] VSCA 188·Tate and McLeish JJA and McDonald AJA·2 Aug 2018·Court of Appeal41p·Vol 56 VR Pt 4

Administrative lawJudicial review — Coroner — Inquests — Re-opening of coronial investigation — Inquest finding death from medical condition — Applicant alleging Coroner misinterpreted expert medical opinion obtained for purposes of investigation — Whether ‘unsustainability test’ to be satisfied for re-opening — ‘New facts and circumstances’ — Coroners Act 2008 (Vic) s 77(2), 77(3)(a), 77(3)(b)

CoronersCoroner’s power to ‘comment on any matter connected with death’ — Alleged denial of natural justice or procedural fairness regarding Coroner’s comment — Whether ground for seeking to have coronial investigation re-opened — Coroners Act 2008 (Vic) ss 67(1), 67(3), 87

CoronersAppeal — Relief on appeal — Whether relief limited to directing application of correct legal test — Whether power to order new coronial investigation — Coroners Act 2008 (Vic) ss 77, 84, 87(4), 87A

AppealAdmission of further evidence on appeal — Document before original decision-maker — Document not adduced on appeal to primary judge — Self-represented litigant — Supreme Court (General Civil Procedure) Rules 2015 (Vic) r 64.13

Vallianos v Coroners Court of Victoria69 VR 276

[2023] VSC 48·Forbes J·14 Feb 2023·Supreme Court of Victoria23p·Vol 69 VR Pt 3

Administrative lawJudicial review — Coroner — Where deceased died without a valid will — Test to be applied by Coroner to decide whether a person has a claim for release of the deceased’s body as executor — Whether Coroner has discretion in determining who has better claim to release of the body — Coroners Act 2008 (Vic), ss 3, 48 — Wills Act 1997 (Vic), ss 7, 9

Charter of Human Rights and ResponsibilitiesEquality before the law — Privacy — Freedom of association — Inconsistency of law with human rights — Claim for custody of body of deceased person — Whether s 48 of the Coroners Act 2008 (Vic) and definition of ‘senior next of kin’ inconsistent with human rights protected under the Charter of Human Rights and Responsibilities Act 2006 (Vic) — Charter of Human Rights and Responsibilities Act 2006 (Vic), ss 7, 8, 13, 16