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Personal Injuries – Dust Diseases
 Allens Arthur Robinson In brief: Members of the former James Hardie Group insured by HIH have established their entitlement to payment of reinsurance recoveries held by the liquidators of HIH. Partner Dean Carrigan (view CV), Lawyer Larissa Chu and Law Graduate Alexander Edwards report. Background The decision Conclusion   Reproduced with permission of Allens Arthur...
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 British American Tobacco Australia Services Limited v Laurie [2011] HCA 2 (9 February 2011) Heydon, Kiefel and Bell JJ allowed the appeal of British American Tobacco Australia Services Limited (“BATAS”) in respect apprehended bias of Curtis J. French CJ, and Gummow J dissented and dismissed the appeal.  High Court case summary notes (background):  Mrs Claudia...
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Allens Arthur Robinson The UK Court of Appeal has added to the uncertainty surrounding employers’ liability insurance for long-term illnesses, recently holding that, while mesothelioma is ‘contracted’ at the time of exposure to asbestos fibres, no illness is ‘sustained’ until a tumour develops many years later. This controversial decision is now the subject of a...
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WorkCover Queensland v Amaca Pty Ltd [2010] HCA 34 (20 October 2010) Further to my earlier postings regarding the Court of Appeal decision and subsequent special leave application. The plurality of the High Court decision allowed the appeal of WorkCover Queensland and reversed the decision of the Court of Appeal in respect of question 4....
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Babcock Australia Pty Limited v Bradford Insulation Industries Pty Limited [2010] NSWDDT 12 Issue Whether the claims resolution process in the Dust Diseases Tribunal Regulation 2007, applied only to the cross-claim in original proceeding brought by plaintiff, and does not apply to the fresh proceedings brought by statement of claim (by a judgment defendant in...
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Phillips v Amaca  O’MEALLY P, where liability was admitted gave judgment against Amaca Pty Limited (formerly James Hardie & Coy Pty Limited) to a 60 year old plaintiff for $797,461.19, together with indemnity costs from 18 June 2010 as follows: General damages $250,000.00 Interest on past general damages $750.00 Loss of expectation of life $27,500.00...
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CSR Limited, in the matter of CSR Limited [2010] FCAFC 34 (23 April 2010) I refer to my earlier posting with respect to the demerger proposal of CSR and the concerns about payment of their asbestos liabilities. The Full Court of the Federal Court has allowed CSR’s appeal to demerge. KEANE CJ, FINKELSTEIN AND JACOBSON JJ:...
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Further to my earlier posting the appeal was heard by the Full Federal Court on 29 and 30 March 2010, before Keane CJ, Finkelstein and Jacobson JJ. The Court reserved its judgment. Brisbane Barrister – David Cormack
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Wallaby Grip Limited v QBE Insurance (Australia) Limited; Stewart v QBE Insurance (Australia) Limited [2010] HCA 9 (30 March 2010) Compulsory common law coverage in Queensland only commenced on 1 July 1963. In cases where injuries are latent and for instance, in occupational mesothelioma injuries where the exposure to asbestos occurred before this date; the proof of the existence...
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A very helpful summary of the Civil Liability and Other Amendment Act 2003 (Qld) and table of indexed General Damages pre/post 1 July 2010, together with a snapshot of cases for the past year by Steve Herd (Senior Associate) of Murphy Schmidt Solicitors: Case Law and Legislation Update – SPH Reproduced with permission.
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