McInnes Wilson Lawyers Legal Business Seminar 27 August 2015

Master of Ceremonies Ciaran Houston Principal

Inquests and Inquiries – a practical perspective. Presented by Paul McCowan 27 August 2015

Inquests and Inquiries – Terms of Reference Coroner’s Jurisdiction starts with any Reportable Death – see SS 7 & 8 Coroners Act Commission of Inquiry is founded on terms of reference S 4 Commissions of Inquiry Act by Governor under advice of Executive Council Other statutory Inquiries you should turn to the specific legislative power and any terms of reference [Cunneen’s Case]

Inquests and Inquiries – Appearance Coroner may grant leave to a person “having a sufficient interest” in the Inquest SS 35 & 36 Coroners Act; Commission of Inquiry may “authorise” any barrister or solicitor to appear S 21 Commissions of Inquiry Act (CI Act); Other statutory investigative Bodies have similar - in closed hearing consider exclusion of joint representation [Whiting’s case]

Management Issues to the moment Should there or must there be an appearance sought? Lines of Communication and authority, especially in relation to management of documents and witnesses; Background Investigative work; Media and public announcement strategy;

Preparation of Witnesses & Privilege Statement and Expert Report preparation; Understand the process of privilege claims if existent – S 14A CI Act is automatic whereas S 39 of the Coroners Act seek a basis for a direction from the Coroner; Caution about false evidence; Have a definitive plan/template with the witness well before being called

Findings and Comments Be mindful of the potential findings and comments of the Coroner SS 45 & 46 Coroners Act from the outset and as the evidence develops; Reputational risk and avoiding being denied any right to be heard; Commission findings and recommendations [CJC v QPCU also Ainsworth]

Questions? For more information, please contact: Paul McCowan Principal

Panel Discussion Alicia Hill Principal Corporate recovery & Dispute Resolution Andrew Mewing Principal Construction & Infrastructure Paul McCowan Principal Administrative Law