Category

Asbestos litigation
Allianz Australia Ltd v Sim; WorkCover Authority (NSW) v Sim; Wallaby Grip (BAE) Pty Ltd (In liq) v Sim [2012] NSWCA 68 Lorraine Fay Sim v Allianz Australia Limited [2010] NSWDDT 19 – trial decision Prof Henderson’s evidence on cancers Further to earlier postings in relation to causation in asbestos related disease claims, especially lung cancer....
Read More
Norton Rose Fulbright Authors Jacinta Studdert, Amelia Dixon-Weidner, Sarah Ralph, Nancy Mudditt, David Guthrie, Allison Hunt, Adrian Wong, Ben Allen, Hamish McNair, Adrian D’Amico, Nick Beresford-Wylie, Susan Rose, Ashley Tsacalos, Vince Sharma, Edward Campbell, Keith Redenbach, Vanessa Verzi Welcome to the March edition of the Public law report for 2012, which provides essential updates for...
Read More
A matter of significant controversy and debate in latent injury claims, such as mesotheioma is when the injury was “sustained” or “contracted”. The date of the injury is of significant interest because it defines the relevant legislation and insurance which is applicable. The UK Supreme Court in the decision of Employers’ Liability Insurance “Trigger” Litigation:...
Read More
 Amaca Pty Ltd v Booth; Amaba Pty Ltd v Booth [2011] HCA 53 (14 December 2011) Further to earlier postings regarding Booth, I refer you to the High Court summary and note the majority dismissed the appeal, with the exception of Heydon J. The issue for determination was whether the trial judge’s rationale, which was...
Read More
Australian Securities and Investments Commission v Hellicar & Ors; Shafron v Australian Securities and Investments Commission [2011] HCATrans 293 (25 October 2011) Australian Securities and Investments Commission v Hellicar & Ors; Shafron v Australian Securities and Investments Commission [2011] HCATrans 294 (26 October 2011) Australian Securities and Investments Commission v Hellicar & Ors; Shafron v...
Read More
 Further to my earlier posting regarding the DDT decision of Booth (and Special Leave being granted) I draw your attention to the hearing transcripts: Amaca Pty Limited (Under NSW Administered Winding Up) v Booth & Anor; Amaba Pty Limited (Under NSW Administered Winding Up) v Booth & Anor [2011] HCATrans 276 (4 October 2011) Amaca...
Read More
Hicks v Amaca Pty Limited [2010] NSWDDT 16 Kearns J’s assessment of quantum for asbestosis in this matter is an example of the higher allowance given for General Damages ($150,000) in the DDT. In this instance, the plaintiff: ·         was aged 66 years; ·         had a significant smoking history; ·         had an assessed impairment of...
Read More
Queensland Rail v Amaca and Ors [2011] QSC 289   As noted below, the issue of statutory recovery in circumstances involving asbestos manufacturers was considered at first instance in a Case Stated application.  In that matter the determination of contribution was resolved in WorkCover’s favour and did form part of the appeal which was heard...
Read More
 WorkCover Queensland v Amaca Pty Limited and Anor [2011] QSC 282 I refer to my several earlier postings in respect of this statutory recovery matter. Its journey started via a Case Stated application and then proceeded to the High Court in respect of Q 4. It continues now in respect of the substantive case and...
Read More
I refer you to the attached Legalwise brochure re: upcoming asbestos litigation seminar on the 28th of July 2011. Please note that Dr David McEvoy will now be presenting in lieu of Professor Roger Allen. Brisbane Barrister – David Cormack
Read More
1 2 3

Recent Comments

    Categories