Danne v Coroner

The applicant, Danne, sought judicial review of a decision made by the coroner in the conduct of an inquest. The dispute arose from the coroner's decision to provide Danne with a tissue sample taken from a deceased body on the condition that any report prepared on that sample be provided to the coroner. The matter was heard in the Supreme Court of Victoria.

The primary legal issues before the court were whether the coroner was authorised to impose such a condition on the provision of the tissue sample and whether such a condition would undermine the hearing rule of natural justice and legal professional privilege. The court had to determine if a tissue sample taken from a body remained part of the body, whether the coroner had control over the sample, and whether legal professional privilege applied under the common law or the Evidence Act 2008.

The court held that the coroner's condition was invalid as it undermined the hearing rule of natural justice and legal professional privilege. The court found that the tissue sample did not remain part of the body and was therefore not subject to the coroner's control. Furthermore, the court determined that legal professional privilege applied, protecting the report prepared on the sample from being disclosed to the coroner. The court concluded that the coroner's decision was unlawful and granted the relief sought by Danne.

The final orders of the court included a declaration that the coroner's decision was invalid and unlawful and an order for the coroner to provide Danne with an unredacted copy of the tissue sample. The court also ordered that the coroner refrain from imposing any conditions on the provision of the tissue sample to Danne in the future.