Category Archives: Dust Diseases

British American Tobacco Australia Services Limited v Laurie [2011] HCA 2 | 9 February 2011

ON 9 FEBRUARY 2011, the High Court of Australia delivered British American Tobacco Australia Services Limited v Laurie [2011] HCA 2 (9 February 2011).

http://www.austlii.edu.au/au/cases/cth/HCA/2011/2.html

Lawyers

Sydney, Australia

1300 00 2088

Dust Diseases Tribunal | 21 July 1989

ON 21 JULY 1989, the Dust Diseases Tribunal of NSW (DDT) http://www.dustdiseasestribunal.lawlink.nsw.gov.au/ was established through the enactment of the Dust Diseases Act 1989 http://www.legislation.nsw.gov.au/viewtop/inforce/act+63+1989+FIRST+0+N/.

The DDT is a specialist tribunal with the exclusive jurisdiction to determine damages claims for death or injury arising from dust-exposure related diseases such as asbestosis and mesothelioma. The tribunal’s special purpose is to serve the interests of justice by expediting claims in circumstances where the claimants are in the advanced stages of illness.

The first judge to hear a case in the tribunal was Judge J L O’Meally AM RFD a tribunal Member (1989 to 1995), Senior Member (1995 to 1998) and President (1998 to 2011).

The Tribunal’s current judges are:

  • President Justice R O Blanch AM
  • Judge J P Curtis
  • Judge W P Kearns SC
  • Judge Finnane RFD QC
  • Acting Judge P J Johns

The court is situated at 12th Floor, John Maddison Tower, 88 Goulburn Street, Sydney NSW 2000. For all enquiries call (02) 9377 5440.

Lawyers

Sydney, Australia

1300 00 2088

Australian Securities and Investments Commission v Hellicar & Ors [2012] HCA 17

ON THIS DAY in 2012, the High Court of Australia delivered Australian Securities and Investments Commission v Hellicar & Ors [2012] HCA 17 (3 May 2012).

The non-executive directors of James Hardie Industries Limited named in these proceedings were held to have breached their duties as directors by approving the release of a misleading announcement to the Australian Stock Exchange regarding the funds to be made available for the payment of asbestos related injury and death claims following a restructure sending the company offshore.

http://www.austlii.edu.au/au/cases/cth/HCA/2012/17.html

Lawyers

Sydney, Australia

1300 00 2088

British American Tobacco Australia Services Limited v Laurie [2011] HCA 2

ON 9 FEBRUARY 2011, the High Court of Australia delivered British American Tobacco Australia Services Limited v Laurie [2011] HCA 2 (9 February 2011).

http://www.austlii.edu.au/au/cases/cth/HCA/2011/2.html

Lawyers

Sydney, Australia

1300 00 2088

Wallaby Grip Ltd v QBE Insurance (Australia) Ltd [2010] HCA 9

ON THIS DAY in 2010, the High Court of Australia delivered Wallaby Grip Ltd v QBE Insurance (Australia) Ltd [2010] HCA 9.  A workers compensation insurer failed to discharge its onus to prove the limit of its liability under a contract of indemnity.  Absence of such evidence resulted in the indemnity being deemed unlimited.

http://www.austlii.edu.au/au/cases/cth/HCA/2010/9.html

Lawyers

Sydney, Australia

1300 00 2088

Banton v Amaca Pty Ltd [2007] NSWDDT 29

ON 15 NOVEMBER 2007, the NSW Dust Diseases Tribunal delivered Banton v Amaca Pty Ltd [2007] NSWDDT 29 (15 November 2007).

http://www.austlii.edu.au/au/cases/nsw/NSWDDT/2007/29.html

Lawyers

Sydney, Australia

1300 00 2088

Dust Diseases Tribunal

ON 21 JULY 1989, the NSW Dust Diseases Tribunal (DDT) http://www.dustdiseasestribunal.lawlink.nsw.gov.au/ was established through the enactment of the Dust Diseases Act 1989 http://www.legislation.nsw.gov.au/viewtop/inforce/act+63+1989+FIRST+0+N/.

The DDT is a specialist tribunal with the exclusive jurisdiction to determine damages claims for death or injury arising from dust-exposure related diseases such as asbestosis and mesothelioma. The tribunal’s special purpose is to serve the interests of justice by expediting claims in circumstances where the claimants are in the advanced stages of illness.

The first judge to hear a case in the tribunal was Judge J L O’Meally AM RFD a tribunal Member (1989 to 1995), Senior Member (1995 to 1998) and President (1998 to 2011).

The Tribunal’s current judges are:

  • President Justice R O Blanch AM
  • Judge J P Curtis
  • Judge W P Kearns SC
  • Judge Finnane RFD QC
  • Acting Judge P J Johns

The court is situated at 12th Floor, John Maddison Tower, 88 Goulburn Street, Sydney NSW 2000. For all enquiries call (02) 9377 5440.

Lawyers

Sydney, Australia

1300 00 2088