The OMB Law Board

Most people never expect to receive a letter from a coroner. When it arrives, often in the middle of grief, it can feel alarming, even threatening.

In this episode, Simon Bennett and Jennie from OMB Solicitors' Insurance and Litigation team cut through the confusion. They explain what a coronial inquest or inquiry actually involves, why families are contacted, and crucially, why the process is designed to find answers, not assign blame.

Whether the death occurred in a hospital, a workplace, or on the road, understanding your rights and what to expect can make an overwhelming situation feel a little more manageable. Simon and Jennie walk through the entire process: from that first letter to what actually happens inside an inquest hearing.

If you've never needed to know this, consider this your guide for if you ever do.

What is The OMB Law Board?

Welcome to The OMB Law Board, the podcast where legal insights meet practical advice. Hosted by Simon Bennett, Managing Partner at OMB Solicitors, this show delves into what you can expect when engaging with OMB Solicitors. Specialising in property law and commercial law, OMB also boasts dedicated teams for estate planning, contested estates, body corporate matters, litigation, and family law.

Each episode features in-depth discussions led by experienced team leaders, some with over 20 years of expertise. You'll gain valuable knowledge on initial consultations, cost assessments, timelines, and the importance of clear communication and confidentiality in legal matters.

Join us to break down barriers and navigate your legal journey with confidence. Tune in for expert advice, client stories, and tips on how to prepare for your legal needs. The OMB Law Board is your trusted source for all things legal.

00:00:06:05 - 00:00:12:20
Unknown
Welcome back to the OMB Law Board. I'm Simon Bennett, and today I've got Jennie with me from the insurance and litigation team.

00:00:12:20 - 00:00:33:05
Unknown
Welcome back. Jennie. Thanks, Simon. We want to talk all things coronial inquest and inquiry. So imagine this. You've just lost a loved one. You're grieving. It's a very difficult time. And out of the blue, you get a letter in the mail saying that there's a coronial inquiry. Is this trouble? Should I be worried?

00:00:33:07 - 00:00:35:19
Unknown
Absolutely not. Simon. And I'm here to tell you why.

00:00:35:21 - 00:00:43:22
Unknown
Fantastic. So stick with us, and we're going to run you through the coronial inquest. What it is and why you don't need to be worried. So, Jenny,

00:00:43:22 - 00:01:10:19
Unknown
could you explain and maybe give some examples of circumstances where I might expect to receive that letter, that there is a coronial inquest or a coronial inquiry into a death? Okay. So I mean, so it usually occurs when the death is unexplained. It could be in a circumstance where it could be a road accident, or it could be a workplace accident where someone's unfortunately had a, a nasty accident that has resulted in death can be a car crash.

00:01:10:19 - 00:01:30:20
Unknown
It can be, as a result of someone's unexpected death in a hospital. They may have gone in for a very simple procedure and unexpectedly have unfortunately passed away. Really, any circumstance where the death is not not expected. So it wouldn't be if someone just passed away, from from old age or where they were expected to be.

00:01:31:02 - 00:01:41:01
Unknown
So it's really in a circumstance where we're trying to get the answers and the the coroner is asking questions to find out why that unexpected

00:01:41:01 - 00:01:56:06
Unknown
expected death occurred and how maybe we could avoid that in the future. That that's exactly correct. And and usually then they can ask questions. Is there something that could be done from a public health perspective or within a facility to maybe prevent that from occurring again?

00:01:56:08 - 00:02:19:04
Unknown
Okay. And what isn't it okay. It's not a criminal matter. It's not and it's basically an inquisitorial system. It's not about punishment. It's not about guilt. It's about giving some answers to genuine people who need some kind of help and closure. So I don't need to be worried. No. Okay. Well, what are the key questions that the inquiry might cover?

00:02:19:06 - 00:02:40:11
Unknown
Okay, so the key the key questions are covered and wants to know obviously who has passed away. Your identity, the person they want to know a bit about that person. They want to know why the perhaps, passed away, the cause, and then they want to know, importantly, what are some things that may have prevented that, or what is the things that could do in the future to perhaps prevent or change an outcome?

00:02:40:15 - 00:03:00:09
Unknown
So a bit of a fact finding mission to get to the bottom, if you like, of the events that led to the death. Absolutely. Okay. And what about the process? What process do they go through to get these answers? Okay. So surprisingly, not everything goes to a full blown inquest. Most managers start off with is a reportable death.

00:03:00:09 - 00:03:09:10
Unknown
So someone's passed away, and it's not a not a a normal death or something that's readily explained. So there might be an initial inquiry into why that's happened.

00:03:09:10 - 00:03:19:00
Unknown
Usually that's an investigation. The police might be involved. The facility where the person is passed might be involved. There might be some experts involved, and that's where it might stop.

00:03:19:00 - 00:03:41:19
Unknown
It might be an investigation. And they'll determine that they don't need to go any further. That happens more often than not. What happens if they need to go further is it will go to a coroner for a coronial inquest. And that's the stage where a coroner will call what's called a pre, conference. They'll get all the parties who may have an interest in that, and that can necessarily include family members.

00:03:41:21 - 00:04:02:01
Unknown
And the family members will be advised usually by letter. People who have had some kind of involvement will be involved. Also, they will call experts. And at that stage the coroner will say, what do we need to find out? What questions do we need to ask and how long will this take? Okay, then after that, a date is set.

00:04:02:03 - 00:04:33:10
Unknown
It can be one day. It can be two days. It can be three days. And then at that process, at the hearing, the coroner will ask questions. Other interested parties can ask questions. Lawyers are usually involved to represent interested parties. A lot of questions. It's not inquisitorial. It's not it's not guilt finding. It's a real inquiry process. And at the end of that process, the coroner will usually step down for a period, consider the evidence, ask for submissions, and then make a final determination and that then becomes published.

00:04:33:12 - 00:04:41:12
Unknown
So you talked about legal representation. You know, I got this letter in the mail on I am nervous and concerned. Can you help?

00:04:41:14 - 00:04:55:05
Unknown
Absolutely. We can help. And should you get a lawyer at this time? Look, I would say yes. It's a very confronting situation for families that often are confused. It seems formal. They're going through grieving.

00:04:55:07 - 00:05:16:23
Unknown
Just having someone who can talk to them, talk them through the process and tell them what they can and may not expect. And just being someone who knows the questions to ask and knows the right avenues to take, it's really important to have that support. Okay. Well, let's give our listeners a little bit of information about a Crown inquest when they're a family member, what are their rights and what are their obligations?

00:05:17:00 - 00:05:36:01
Unknown
Okay. So look, they've got a right to be heard. They've got a right to attend. The coroner realizes that they're in a very unique position. So the coroner goes out of their way to make sure that they are represented. And they are heard. They have a right to, put a family statement forward. That's usually about who the deceased was.

00:05:36:01 - 00:05:56:18
Unknown
So the court can get a really good feel of who this person was, not just the deceased, who they were. That background, that's one of their primary, abilities to to put forward at the, at the at the hearing. Then their rights are to have the hearing occur, be a part of it, have some questions put through to the coroner, usually through a lawyer.

00:05:56:20 - 00:06:01:01
Unknown
And then, basically make some submissions at the end.

00:06:01:03 - 00:06:20:22
Unknown
So it sounds, it sounds daunting. And obviously receiving that letter would be quite confronting at a very difficult time. Jenny, your team here at OMB can help and have been involved in cases. Yes, we can certainly help. And I'm more than happy to help. And guide the families through what is an otherwise traumatic time.

00:06:21:01 - 00:06:44:01
Unknown
Absolutely. So if you find yourself in the unfortunate situation of having lost a loved one in circumstances where a coronial inquiry or inquest comes about, contact Jenny and our litigation and insurance team. To help you and guide you through what can otherwise be quite a difficult process. Happy to help. Fantastic. So thanks so much, Jenny, and

00:06:44:01 - 00:06:49:09
Unknown
thanks for your time today, and we look forward to seeing you next week on the OMB Law Board.