Exploring Australian Coronial Litigation: Dispute Resolution and Access to Justice

This research provides a sociolegal analysis of coronial litigation in Australia, revealing the characteristics of appeals and the approaches of legal practitioners in the field. Using doctrinal analysis, quantitative analysis of judgments and qualitative interviews with lawyers, the thesis reveals a rise in coronial litigation, including from self-represented and bereaved applicants, alongside declining success rates. It explores the tailored ethical strategies lawyers use, such as clarifying coronial processes, assessing client motivations, and advising against litigation when appropriate. The study recommends improved legal support, preventative reforms in Coroners Courts, and modified appropriate dispute resolution approaches, to improve justice experiences and outcomes.