An Empirical Profile of 30 Years of Australian Coronial Litigation
Naomi Burstyner1, Monash University Clayton 1Monash University, Clayton, VIC, Australia
Abstract
An Empirical Profile of 30 Years of Australian Coronial Litigation
Naomi Burstyner & Assoc. Prof. Genevieve Grant
Every year more than 22,000 deaths are reported to coroners around Australia. In a subset of these matters, disputes arise about coroners’ decision-making or findings. Family members and other stakeholders who find themselves in dispute with coroners often have little option but to seek superior court review.
Coronial litigation describes these appeals brought against coroners, in relation to coronial decisions or findings, principally in state and territory Supreme Courts. Coronial litigation may provide the outcomes families and other stakeholders seek in these contested cases, but also may create a risk of prolonged exposure to legal processes; unwanted public exposure; legal costs; and impediments to both practical and emotional closure regarding the death. As such, coronial litigation can be a difficult and even futile journey. At the same time, it is an important means of resolving disputes and facilitates public understanding of the coronial jurisdiction.
This study investigates the characteristics of Australian coronial litigation over the 30 years from 1993 to 2022, using content analysis of published decisions (n=167). Through exploration of the characteristics of parties, claim types, circumstances of deaths, case durations and outcomes – together with jurisdictional variations – the study provides new insight into the landscape of coronial litigation in Australia. Improved understanding of these matters will contribute to better meeting the needs of parties in these high-stakes legal disputes, including through the potential use of appropriate dispute resolution mechanisms.
Biography
Naomi is legally qualified and an accredited mediator under the National Mediation Accreditation System (NMAS) as well as a qualified Family Dispute Resolution Practitioner. She is a lecturer in the postgraduate Faculty of Law at Monash University, teaching two NMAS accredited mediation units since 2013. (Other lecturing experience includes units in the fields of negotiation skills and dispute resolution advocacy).
Naomi is currently undertaking her PhD in law at Monash University, exploring the experiences of families and others involved in coronial investigations, with a focus on identifying processes to improve families’ experiences of complaints and disputes in coronial investigations and inquests. Naomi’s published articles have included various topics such as: aspects of health law (regulation of brain stimulation)’ teaching negotiation; consumer vulnerability; mediator ethics; and various aspects of justice innovation and access to justice including Alternative Dispute Resolution (ADR) and the effectiveness of facets of the justice system.
Naomi has researched extensively in the area of access to justice and ADR at Monash University and is particularly interested in how the law applies to aspects of coronial contexts and forensic medicine and how dispute resolution mechanisms can be used in this context.
She holds a Bachelor of Arts/Laws, (Monash University 2001) and a Masters of Law, (Melbourne University 2011).
Naomi regularly coaches students in NMAS mediation courses (for Resolution Institute as well as Relationships Australia Victoria). She has also coached students participating in the International Chamber of Commerce (ICC) Mediation Competition in Paris for five years (2014-2019) and has also participated as a judge for the Asia Pacific ICC Mediation Competition.