A Tasmanian man's four-year-long fight for senior next of kin recognition has continued in the Supreme Court in Hobart.
When Benjamin Jago's partner Nathan Lunson killed himself in 2015, the couple had been together for almost six years, lived together for five and a half years and had plans to marry in New Zealand.
Because their relationship was not registered with the Tasmanian government, at the time of Mr Lunson's death the Coroner's Office failed to recognise Mr Jago as his next of kin despite the acknowledgement the couple were in a "significant relationship."
Lunson's body was instead released to his mother, who buried him near their family home in Ulverstone, going against his wishes to be cremated in Hobart.
Mr Jago alleged Tasmania Police and the Coroner's Office discriminated against him on the basis of his sexual orientation and the matter was referred to the Anti-Discrimination Tribunal.
The Tribunal found it lacked the jurisdiction to hear the matter because under the Tasmanian Coroners Act 1995 coroners are provided immunity from legal proceedings, including the Anti-Discrimination Act, provided they have not acted "in bad faith."
Mr Jago appealed the Tribunal's decision before Justice Helen Wood in the Supreme Court on Monday.
Mr Jago's lawyer Ron Merkel argued the Tribunal's decision, which was made on the basis of written submissions only, should have been done in a hearing.
Mr Merkel said immunity did not apply in this case, as Mr Jago is claiming discrimination by the organisation, not an individual within the Coroner's Office.
The coroner forfeited his immunity under the agreement, under the "bad faith" exemption, when discriminating against Mr Jago, Mr Merkel argued.
Solicitor for the Attorney-General Jenny Rudolf argued the Tribunal did not have jurisdiction over this matter due to two immunity protections, in the Magistrates' Act and Coroners Act.
Ms Rudolf said the appellant was side-stepping the immunity protection by naming the respondent in the matter as the Court, instead of an individual within the Coroner's office.
Ms Rudolf "vigorously denied" any claim the Magistrates Court refused to bring forward evidence of any member acting in "bad faith."
Justice Wood adjourned the court to receive additional written submissions from Mr Merkel and Ms Rudolf before proceeding the matter.
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