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Personal Injuries – Dust Diseases
Amaca Pty Ltd v Ellis; The State of South Australia v Ellis; Millennium Inorganic Chemicals Ltd v Ellis [2010] HCA 5 (3 March 2010)   In a unanimous decision by their Honours FRENCH CJ, GUMMOW, HAYNE, HEYDON, CRENNAN, KIEFEL AND BELL JJ the High Court has considered a sensitive and scientifically challenging causation issue, namely; the interaction...
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WORKERS COMPENSATION (DUST DISEASES) BOARD OF NSW v SMITH, MUNRO AND SEYMOUR [2010] NSWCA 19    The decision is an appeal from Quirk DCJ. Whilst many of the issues of the appeal concern matters unique to the Dust Disease Tribunal & Board, there is a helpful for discussion about the principles of causation and when...
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I refer to my earlier posting regarding the refusal of the Federal Court to convene a shareholders meeting re: CSR’s proposal to demerge, with particular consequences for its asbestos liabilities. Leave to appeal to the Full Federal Court has been granted and will be heard on 29 and 30 March 2010. Brisbane Barrister – David...
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CSR Limited, in the matter of CSR Limited [2010] FCA 33 CSR applied to Demerger into Sucrogen and CSR, which would result in the capital of the company being reduced and available to creditors, in particular, for liability of asbestos claims. The application was opposed by an alliance of unlikely bedfellows including; James Hardie Industries NV and James...
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Brian Anthony Mooney v Amaca Pty Ltd [2009] NSWDDT 23  – $290,000.00 Phillip Raymond Kirkpatrick v Babcock Australia Pty Ltd [2009] NSWDDT 4 –  $280,000.00 Brisbane Barrister – David Cormack
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The following links cover the Workers’ Compensation Acts 1916 to 1936 and may prove of assistance:- Workers’ Compensation Act 1916 (6 Geo.V.No.35) Workers’ Compensation Act Amendment Act 1916 (7 Geo.V.No.26) Workers’ Compensation Acts Amendment Act 1918 (9 Geo.V.No.21) Workers’ Compensation Acts Amendment Act 1921 (12 Geo.V.No.29) Workers’ Compensation Acts Amendment Act 1923 (14 Geo.V.No.5) Workers’...
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A WOMAN who developed mesothelioma from washing her husband’s asbestos-contaminated work clothes is suing the State Government and James Hardie for $406,500 in compensation. Read more in the Courier Mail.
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Follow the report in The Daily Telegraph, which is of interest not only in respect of the fund, but cross claims brought by Amaca Pty Ltd (James Hardie’s liability company) against other manufacturers – see case below, where the amount of $350,000.00 was not recouped. Brisbane Barrister – David Cormack
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 CSR LTD v AMACA PTY LTD [2009] NSWCA 338 The appeal by CSR Limited and Midalco Pty Limited was upheld against Amaca Pty Limited, in respect of a cross claim by Amaca for damages paid to Mrs Belinda Dunn, who was exposed to crocidolite asbestos when she was aged 3 – 4. The issue in dispute...
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