Seek leave to appear at a New South Wales inquest
MaintainedLast reviewed
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- List the facts of the client's connection that the lawyer has noted, and record whether the lawyer has identified the client as a relative. Do not draft the application and do not say that leave must be granted.
- What the lawyer must review
- Decide whether the client is a relative, who must receive leave unless there are exceptional circumstances
- For any other person, decide whether the interest is sufficient
- Settle the application and check conflicts
Rules that apply
The document starts from the task name. Change it if this piece of work is different.
The work product
Forum. NSW coronial jurisdiction under the Coroners Act 2009
Produce. A fact list against section 57, recording whether the lawyer has identified a relative.
Have ready. Lawyer's note of the relationship; Issues on which examination is sought; Conflict check.
Example of the limit. Illustrative example: The client is a sibling of the person who died. The list records the relationship the lawyer has identified and the issues the lawyer has approved. It does not say leave must be granted.
Stop and hand it back when
- The relationship is unclear and the list still relies on section 57(3).
- The firm has an unresolved conflict.
Sources for this task were checked on 2026-10-23.
Who does what
| Role | What they do |
|---|---|
| Assistance | List the facts of the client's connection that the lawyer has noted, and record whether the lawyer has identified the client as a relative. Do not draft the application and do not say that leave must be granted. |
| Lawyer | Set the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output. |
Checklist
- Section 57(1): leave may be granted to a person who, in the coroner's opinion, has a sufficient interest, to appear in person or by an Australian legal practitioner.
- Section 57(3): a relative of the deceased must be granted leave unless the coroner is satisfied there are exceptional circumstances to refuse it.
- A person granted leave may examine and cross-examine witnesses on matters relevant to the proceedings.
- Do not describe a friend or a support person as a relative. The lawyer applies the definition.
Forms and precedents for this task
| Form or precedent | Kind | AI use | Summary |
|---|---|---|---|
| Application for leave to appear at an inquest: letter to the coroner (NSW, sufficient interest) | Letter | AI use Yellow | A letter to the coroner (through counsel assisting) seeking leave for a person or organisation to appear and be represented at an inquest under s 57 of the Coroners Act 2009 (NSW), explaining the person's sufficient interest and the issues they will address. |
| Application for leave to appear as an interested party (Coroners Court Form 31) | Form | AI use Yellow | Link to Coroners Court Form 31. |
| Requesting a Queensland inquest: pathway, dates and pre-inquest conference | Checklist | AI use Yellow | Pathway for asking a Queensland coroner to hold an inquest, including the six-month decision period, the 14-day next step, and what a pre-inquest conference decides. |
| Non-publication or closed-court order at a NSW inquest: structure (s 74) | Checklist | AI use Yellow | Structure for asking a NSW coroner to close the court or prohibit publication of evidence or of submissions about an indictable offence, using the public-interest matters in s 74. |
| Family conference before an inquest: agenda | Checklist | AI use Yellow | An agenda for a conference with a family before a NSW inquest: leave to appear, the issues list, what the family will and will not hear, and who speaks to the coroner. |
Signed-in accounts can read the full text of each one. All precedents.
Sources
- Coroners Act 2009 (NSW) s 57, representation in coronial proceedings · 2026-10-23
- Coroners Act 2009 (NSW) s 27, when an inquest is required · 2026-10-23
No separate Coroners Court generative AI practice note was opened. Do not apply Supreme Court Practice Note SC Gen 23 as if it bound the coroner, unless the lawyer confirms it does.
The lawyer settles the application.