---
title: "Application to set aside a finding (Coroners Court Form 43)"
url: "https://ailawframework.com/precedents/coronial-inquests/form-vic-coroner-43-set-aside-finding"
type: "precedent"
site: "AI Law Framework"
id: "a61-form-vic-coroner-43-set-aside-finding"
area_id: "A61"
kind: "form"
ai_level: "yellow"
version: 1
task_ids: ["A61-V20261018-8"]
law_stated_as_at: "2026-10-22"
---

# Application to set aside a finding (Coroners Court Form 43)

> Link to Coroners Court Form 43. Under section 77 of the Coroners Act 2008 the Court may reopen an investigation and set aside findings only if there are new facts and circumstances and it is appropriate to reopen.

Canonical page: https://ailawframework.com/precedents/coronial-inquests/form-vic-coroner-43-set-aside-finding  
Law stated as at: 2026-10-22

Site index for agents: https://ailawframework.com/llms.txt

## Key facts

- Kind: Form. A form to complete, or a guide to completing an official one.
- Practice area: [Coronial Inquests](https://ailawframework.com/precedents/coronial-inquests.md)
- Jurisdictions: Victoria
- AI level: Yellow. You and the tool draft together, with you directing. You check every statement you rely on.
- Law stated as at: 2026-10-22
- Status: Maintained. Checked on 2026-10-22 against the official form at coronerscourt.vic.gov.au and the 2 authorities it cites, for Victoria.

## When to use it

Use when a person asks the Coroners Court to set aside a finding. The form page states the section 77 test. It does not state a time limit. The lawyer checks the current section before filing.

## Used for these tasks

- [Prepare the submissions on findings and recommendations at the end of an inquest](https://ailawframework.com/practice/coronial-inquests/prepare-the-submissions-on-findings-and-recommendations-at-the-end-of-an.md)

## How AI may be used

AI may check the draft against the current official form and list what is missing; the lawyer settles every statement that will be filed and signs or lodges the form.

**AI may:**

- Check the draft is the current version of the form and list every blank field or missing attachment
- Index the documents on the file that the form calls for, with date and author
- Turn the court's published filing and service steps into a checklist for this matter

**AI must not:**

- Must not write allegations, grounds, orders or figures in words that will be filed
- Must not decide jurisdiction, standing or whether a time limit has been met
- Must not sign, lodge or serve the form

**The lawyer checks:**

- There is a finding, and the application is to set it aside
- The lawyer is satisfied the instructions can be put against the section 77 test the form page states
- The current Form 43 is used
- Submissions on findings at the end of an inquest are a different step from this application

## Authorities

- [Coroners Court of Victoria, Find a form (Form 43)](https://www.coronerscourt.vic.gov.au/forms-resources/find-a-form)
- [Coroners Court of Victoria, Form 43](https://www.coronerscourt.vic.gov.au/form-43-application-set-aside-finding)

## Official form

[Official form](https://www.coronerscourt.vic.gov.au/forms-resources/find-a-form)

## Where this comes from

The official form is published by coronerscourt.vic.gov.au; this page is a completion guide. Last checked on 2026-10-22.

## Full text and drafting notes

The full text and the drafting notes are not part of this public page. Signed-in firm accounts can read them at https://ailawframework.com/precedents/coronial-inquests/form-vic-coroner-43-set-aside-finding and through the signed-in MCP connector https://ailawframework.com/mcp/firm.

*Practice guidance for planning and review. Confirm current primary sources and the requirements of the actual matter. This is general information, not legal advice.*