APPLICATIONS UNDER THE CORONERS ACT 1962
the “1962 Act” means the Coroners Act 1962;
the “2019 Act” means the Coroners (Amendment) Act 2019.
Title of proceedings
“The High Court
In the Matter of the Coroners Act 1962
On the Application of AB, Coroner for the District of.. and, where applicable
AB, Coroner for the District of ................. Applicant and
CD, .................... Respondent]"
Applications under section 331) of the 1962 Act
3. (1) An application by a coroner for an order under section 33 D(6) of the 1962 Act (inserted by section 21 of the 2019 Act) shall be made by motion on such notice as the applicant considers reasonably practicable to the person to whom a direction was given under section 33 D(1) of the 1962 Act (in this rule, the “respondent”) and, subject to sub-rule (2), grounded upon an affidavit, The Court may adjourn the application so as to give the respondent a sufficient opportunity to be heard on the application.
(b) indicate whether the Court is requested under section 33D(7) of the 1962 Act (inserted by section 21 of the 2019 Act) to hear the application otherwise than in public and if so, state the reasons f or such request.
(d) set out any facts and circumstances relevant to the consideration of the application by the Court, in particular such facts and circumstances as are relevant for the purposes of section 33 D(8) of the 1962 Act and, where necessary, the basis of the deponent's belief as to the existence of such facts or circumstances;
(5) Where the applicant has delivered an affidavit, the respondent may, but is not obliged to, deliver a replying affidavit, which shall indicate the parts of the applicant's affidavit which the respondent accepts and which the respondent does not accept, and sets out the reasons why the respondent has failed or refused to comply with the direction and any facts or circumstances supporting such reasons and, where necessary, the basis of the deponent's belief as to the existence of such facts or circumstances.
(6) The provisions of Order 52, rule 6 shall not apply to an application under this rule.
Applications under section 62 of the 1962 Act
4. (1) A coroner may apply to the Court under section 62 of the 1962 Act (inserted by section 36 of the 2019 Act) for directions on a point of law regarding the performance of his or her functions under the 1962 Act in relation to the death of any person of his or her own motion or arising from a request in that regard by a person who seems to the coroner to have a proper interest in the circumstances in the point of law arising.
(b) afford those persons an opportunity to provide written submissions to him or her, within a period specified in the notification, not being greater than two months from the date of such notification, on the proposal to refer such question or questions and any proposed directions;
(4) The coroner may, but is not obliged to, name as respondent or respondents to the application a person or persons seeming to the coroner to have a sufficient interest in the circumstances in the point of law arising.
(a) set out succinctly the relevant facts or circumstances giving rise to the point of law arising as found by the coroner and any relevant inferences or conclusions drawn by the coroner, and the reasons for any such inferences or conclusions;
(c) exhibit any submissions received in accordance with sub-rule (2)(b);
(d) exhibit copies of any further correspondence or documents relevant to the point of law arising in respect of which directions are sought; subject to any direction the Court may give, such copies shall be incorporated in a single exhibit, in which event they shall be indexed and numbered sequentially in chronological order;
(e) where the Court is requested under section 62(3) of the 2019 Act to hear the application otherwise than in public, set out the facts and circumstances supporting such request as are relevant for the purposes of section 62(3) of the 2019 Act and, where necessary, the basis of the deponent’s belief as to the existence of such facts or circumstances.
(6) Where the applicant contends that particular directions are appropriate to be made on the application, the applicant shall additionally file in the Central Office when issuing the originating notice of motion a statement specifying the directions for which the applicant contends and concisely setting out the supporting reasons, if any facts are relied on therein, the affidavit referred to in sub-rule (5) shall verify such facts.
(8) Each respondent shall be served with copies of the originating notice of motion, of any statement filed under sub-rule (6), and of the grounding affidavit and any exhibits thereto.
(9) Any respondent intending to be heard on the application shall file in the Central Office a statement specifying the directions (if any) which the respondent contends are appropriate to be made on the application and concisely setting out the supporting reasons, and an affidavit:
(10) Copies of any statement and affidavit filed by a respondent (an d any exhibits to any such affidavit) shall be served upon the applicant and upon every other respondent before the return date of the originating notice of motion.
(11) The applicant shall be at liberty to file a further affidavit replying to any matter in an affidavit of a respondent, in which event a copy of such affidavit shall be served upon each respondent within [seven] days of the service upon him of the respondent’s statement and verifying affidavit.
(12) An affidavit giving the names and addresses of, and the places and dates of service on, any and all persons who have been served with the originating notice of motion shall be filed by the applicant before the motion is heard.
(13) On the return date of the originating notice of motion (or on any adjournment from such date), the Court shall give directions and make orders for the conduct of the proceedings on the application as appear convenient for the determination of the proceedings in a manner which is just, expeditious and likely to minimise the costs of those proceedings which, where appropriate, may include:
(a) directions as to the service of notice of the application on any person or on any other person (including, without limitation, the Attorney General), including mode of service and the time allowed for such service (and the Court may for that purpose adjourn the hearing of the motion or further hearing of such application to a date specified);
(e) directions as to the giving of notice in advance of the hearing to any person other than a party to the proceedings on the application who the Court considers should be afforded an opportunity to be heard on the hearing of the application.
Applications under section 37(2A) or section 38(2) of the 1962 Act
(b) under section 38(2) of the 1962 Act (substituted by section 24 of the 2019 Act) to order a person to comply with a direction, shall be commenced and conducted by originating notice of motion in accordance with Order 84B.