MATTHEW passes away in hospital at the age of 80 years after a short battle with an aggressive form of cancer. He is survived by his wife, Wendy, and their daughter, Penny.
The medical practitioner responsible for Matthew’s medical care completes the form required to notify the Registrar of Births, Deaths and Marriages of the cause of his death.
The form also states that Matthew did not die in circumstances where the death was “not the reasonably expected outcome of a health-related procedure”.
Shortly after Matthew’s death, Wendy contacts the State Coroner and requests the transfer of Matthew’s body to a facility for forensic examination on the basis that she disputes the cause of death, claiming that he was killed “intentionally” and with “premeditation” by the doctors attending to him at the hospital.
The State Coroner declines Wendy’s request.
Penny wishes to make funeral arrangements for Matthew, but after meeting with the funeral director, is advised that Wendy’s consent is required.
Wendy withholds consent.
Matthew’s body is stored in refrigeration and a storage fee of $100 a day is charged.
Penny makes an application to the Supreme Court, seeking the release of Matthew’s body for the purposes of cremation, interment, and the making of funeral arrangements.
A year after Matthew’s death, a Supreme Court judge decides the application.
The court hears Wendy’s allegations regarding the cause of Matthew’s death and Penny’s competing wishes for Matthew’s body to be cremated “so as to honour him and his life in a dignified way”.
Wendy provides no medical or scientific evidence in support of her allegations.
Ultimately, the court makes orders, registering Matthew’s death, granting power to Penny to make arrangements regarding the cremation of his remains, and granting her the power to proceed with the administration of his estate.
The court also orders that Wendy is to pay Penny’s legal costs, if there are insufficient funds in Matthew’s estate to do so.
If you have a request for a Hypothetical, call Manny Wood on (02) 66 487 487 or email manny@tblaw.net.au.
This fictional column is not legal advice.
By Manny WOOD, Solicitor
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