Asbestos Compensation in NSW dealt a blow

On Friday 11 May 2012, the New South Wales Government announced that it would not reform the law to assist persons suffering asbestos conditions, such as mesothelioma, to pursue a claim for claim for compensation.

One of the recommendations was to allow the family of a person who had recently died from an asbestos condition to be able to commence compensation proceedings within 12 months of their death so as to obtain pain and suffering compensation for their asbestos condition.

At present, unless asbestos compensation proceedings are not commenced within a person’s lifetime, pain and suffering compensation will not be paid to that person’s estate.

Claiming compensation for mesothelioma is often difficult simply because persons suffering this condition need to get their compensation proceedings commenced in their lifetime in order to obtain maximum compensation for their asbestos related mesothelioma.

Another recommendation rejected by the NSW Government would have assisted dependants of those who died from asbestos conditions obtain increased compensation. Despite such laws being adopted in other states, including in South Australia and Victoria, they have not been adopted in New South Wales.

It seems strange that NSW will not adopt asbestos compensation laws that have been adopted in South Australia and Victoria.

Australian Federal Minster on James Hardie asbestos court case

On 3 May 2012, the Australian Federal Minister Greg Combet issued a press release in respect to the recent decision of the High Court concerning James Hardie.

The Canberra Court made a determination against the former directors of James Hardie.

The Minister said:
“Eight years of litigation later, the High Court has vindicated the conviction that Bernie Banton and I, and many others, had in relation to this issue.”

Bernie Banton passed away from mesothelioma in 2007.

Mr Combet also thanked the many Australians who continue to campaign for justice for asbestos victims

Asbestos in Australia

A company was fined on 7 May 2012 by a West Australian Court for importing asbestos into Australia.

In 2009 and 2010, the company imported machinery that contained white asbestos into Australia from China.

The Court ordered the company to pay penalties in the sum of $64,000.

Numerous studies have held that white asbestos can cause mesothelioma, the asbestos related cancer.

James Hardie TV series

An ABC two part mini series was due to finish filming on 5 May 2012.

The TV mini serious called “Devils Dust” is to be based on real events and to follow the lives of key players in the James Hardie asbestos saga including Bernie Banton, who passed away from mesothelioma in 2007.

Bernie Banton, a former employee of James Haride, prior to his death worked tirelessly to help those suffering asbestos conditions such as mesothelioma and asbestosis. He was also passionate about ensuring future victims of asbestos conditions such as mesothelioma were able to pursue compensation in Australian courts.