Frequently Asked Questions
See here for answers to queries often asked by families attending court.
What should I wear?
There is no formal dress code though you should be dressed tidily. The temperature in the court can be cool, so it is recommended to bring a jumper/jacket particularly if the hearing is likely to go for an entire day.
Can we speak to the coroner? Will they speak to us?
The coroner should only be addressed by legal representatives who have sought leave to appear at the bar table. They are also the only members in the courtroom with a microphone to ensure they appear on the transcript. The coroner may acknowledge the family of a deceased loved one, particularly to provide their condolences, but otherwise talking in court is limited to the coroner, interested parties and witnesses. Any request to speak in court should be made prior to the hearing for the coroner’s consideration.
Do I need a lawyer?
Families attending an inquest at the Court can choose to be legally represented. Because the Court is independent, we cannot help you choose a lawyer. If you want legal representation, you will usually have to pay for a private solicitor.
The Law Institute of Victoria has a referral service to help you find a lawyer who can assist you. You can obtain free legal advice (but not usually representation) from Victoria Legal Aid or a community legal centre.
However, if you decide not to seek legal representation, the counsel assisting the coroner, along with the guidance and support of the coroner, can help you understand and participate in the inquest. Counsel assisting the coroner is a member of the police force or a lawyer.
Will I be paid to attend if I miss work?
Only witnesses summonsed to attend will be reimbursed for the time they are required to give evidence. They can request compensation using the form found here:
Do I have to attend the inquest/attend every day?
Unless you are called as a witness or have otherwise been told to; there is no requirement for you to attend. You can attend as much or as little of an inquest as you wish, ensuring your own well-being is put first.
If you want to know about an inquest but don’t feel up to attending, you can request a copy of the transcript to read later. At the conclusion of an investigation, the coroner will complete their findings which provide a summary of the investigation and any recommendations.
Will media report on my loved one's case?
The Court is an open court; therefore, hearings are open to the public and journalists may be present. The Court will not necessarily be made aware of media interest in a matter or whether inquests will feature in news stories. It is important to exercise caution and self-care when reviewing news media on and around the days of an inquest should you loved one’s matter feature.
For more information on how media can report on coronial matters, please click here.