Ms Naomi Burstyner1
1Monash University, Clayton, Australia
Abstract:
Coronial appeal and review litigation has high stakes for applicants and other stakeholders and presents unique challenges for legal practitioners. Despite these characteristics, there has been little empirical research attention to the justice and practice context of coronial litigation. This paper presents findings from interviews with 11 legal practitioners involved in these cases, illuminating their experiences and approaches to navigating the coronial jurisdiction’s distinct context and norms.
Legal practitioners identify a range of challenges in their support of clients and maintenance of professional duties. Some challenges manifest as practical access barriers in the appeals process (including costs for legal representation). Others reflect the mismatch of what applicants are seeking in coronial litigation and what the legal process can actually deliver. Coronial litigation also typically involves elements of grief surrounding a death, which can also exacerbate the difficulties of engaging in these high-stakes disputes. At the same time, coronial litigation is an important means of resolving disputes and facilitates public understanding of the coronial jurisdiction. The insight provided by the study facilitates enhanced understanding of the experience of stakeholders in coronial litigation, the kinds of justice that the cases are capable of delivering and the potential for coronial and superior courts to innovate their practices to best support those involved.
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