Aplin & Anor v McIntyre

The case of Aplin and Anor versus McIntyre involved the applicants, two Indigenous women, who sought judicial review of a decision made by the respondent coroner. The dispute centred on the coroner's decision to conduct an inquest into the death of the applicants' baby in Mount Isa, rather than in Doomadgee where the death occurred. The applicants argued that the decision was an improper exercise of the coroner's power under section 7 of the Coroners Act 1958, and that the respondent did not act in accordance with the requirements of section 29(1) of the Act. The applicants contended that the coroner exceeded their powers by not considering the impact of the decision on them and their community.

The legal issues before the court were whether the coroner's decision to hold the inquest in Mount Isa was an improper exercise of power, and whether the coroner had acted in accordance with the requirements of section 29(1) of the Act. The court had to consider whether the coroner had taken into account all relevant factors, including the impact of the decision on the applicants and their community, and whether the decision was reasonable in the circumstances. The court also had to determine whether the coroner had exceeded their powers by not holding the inquest in Doomadgee, where the death occurred.

The court found that the coroner's decision to hold the inquest in Mount Isa was not an improper exercise of power. The court held that the coroner had considered all relevant factors, including the impact of the decision on the applicants and their community, and that the decision was reasonable in the circumstances. The court found that the coroner had acted in accordance with the requirements of section 29(1) of the Act, and had not exceeded their powers. The court dismissed the application, finding that the coroner's decision was lawful and valid. The court held that the coroner was not required to hold the inquest in Doomadgee, where the death occurred, and that the decision to hold the inquest in Mount Isa was reasonable and in the best interests of justice.