Annetts & Anor v McCann

The appeal concerned the procedural fairness required of a coroner during an inquiry into the deaths of two young boys in a remote part of Western Australia. The appellants, the parents of the deceased boys, sought to make submissions to the coroner at the conclusion of the inquiry. The primary issue was whether the coroner was legally obliged to hear such submissions, either under the provisions of the *Coroners Act* or the general doctrine of natural justice. The second respondent, Sherwin Pastoral Company, indicated it would not appear.

The High Court was required to determine the scope of a coroner's duty to afford procedural fairness, specifically whether a person granted leave to attend an inquest under section 24 of the *Coroners Act* has an inherent right to make submissions at its conclusion. This involved considering whether the coroner's discretion to admit a person to attend and participate in an inquest was a threshold matter, and whether the right to make final submissions was a separate, or incidental, right flowing from that initial admission, or from the broader principles of natural justice applicable to quasi-judicial or administrative proceedings conducted by judicial officers.

The Court considered that the right to make submissions at the end of an inquest was a fundamental aspect of procedural fairness, particularly in quasi-judicial proceedings. While section 24 of the *Coroners Act* granted a coroner discretion to permit attendance and participation, this discretion was not intended to extinguish the right to be heard on matters relevant to the outcome. The Court reasoned that the principles of natural justice, which require an opportunity to present one's case, extended to allowing interested parties, such as parents of deceased children, to make submissions to the coroner before a final determination is made. The length or complexity of the hearing did not create the right, but rather highlighted the importance of ensuring all relevant perspectives were considered.