Court backlog forces grieving families to wait years to settle estates of loved ones

Families grieving the sudden and unexpected deaths of loved ones are waiting years to settle their estates, amid a backlog of investigations that’s tipped to blowout further.

Charlene Warrior and her daughter, A'methyst. Picture: Supplied by the Warrior family

Grieving families are being forced to wait more than two years to settle a dead relative’s estate amid a backlog of coronial investigations that will blowout due to new budget cuts.

Official figures show 3340 deaths were reported to the State Coroner over the past financial year, which was nearly a 20 cent spike from levels recorded in 2020/21.

But despite families complaining about delays with finalising estates and judicial calls for extra funding, the state government has cut resources to the court including scrapping a vital third judge-related position.

It is claimed funding is what it was almost two decades ago.

The Dying Rose podcast highlighted problems caused by delays to coronial investigations across the country, especially in SA.

In particular, delays were laid bare with Charlene Warrior, 21, who was mysteriously found hanging in a tiny Mid-North town of Bute on October 3, 2021.

The Coroner’s Court declined to release death files because it was not heard at an inquest.

Courts Administration Authority data shows more than a 12 per cent of cases were more than two years or older while another third had been delayed between 12 and 24 months.

Coroners are hearing two thirds fewer inquests than four years ago while the number of findings has slumped by half.

Figures show over the past 18 years, the number of reportable deaths has increased by more than 61 per cent.

The state government rejected a courts request for extra funding for a third Coroner and support staff, meaning a senior lawyer appointed as counsel assisting, and two other support workers have lost their jobs.

Charlene Warrior and her daughter, A'methyst. Picture: Supplied by the Warrior family

Charlene Warrior and her daughter, A'methyst. Picture: Supplied by the Warrior family

A Coroner’s Court spokeswoman said its funding would will soon be cut to 2005 levels.

“In the face of the increase in reportable deaths the backlog of coronial cases, particularly inquests, has not been substantially reduced,” she said.

“Without funding for a third Coroner and ancillary staff, the State Coroner anticipates a significant increase in the backlog of coronial cases.”

State Coroner David Whittle asked the state government to extend the third temporary appointment until last month to allow an inquest to conclude and deliver three further findings.

That funding has now stopped.

New Commissioner for Victims’ Rights, Sarah Quick, would not comment on resourcing but said delays added to a family’s grief.

“Sudden and unexpected deaths are complex and challenging to endure,” she said.

“The bereaved want and need answers as they attempt to make sense of what has happened. “Delays can amplify uncertainty, cause additional distress and interrupt the grieving process.”

Opposition spokesman, former Attorney-General Josh Teague, criticised the government’s budget cuts.

“Where does it leave families,” he said.

“The government needs to explain, and spell out, its reasons for not continuing a third coroner.

“The coroner is acting in the real world and believes he needs more resources.”

Attorney-General Kyam Maher defended the government’s decision after he argued the courts were “immune from savings measures” over the past two financial years.

“Over recent years there has been temporary funding provided for a third coroner,” he said.

“No government has made an ongoing commitment for a permanent third coroner.

“If the independent Courts Administration Authority feels the biggest need in the judicial system is to make that position permanent, they have the flexibility to allocate one of the approximately 40 magistrates to do so.”

Originally published as Court backlog forces grieving families to wait years to settle estates of loved ones