Mesothelioma compensation in NSW

Mesothelioma compensation in New South Wales was dealt a blow on 14 May 2012 when the NSW Government refused to adopt the recommendations of the New South Wales Law Reform Commission.

The Commission had recommended the removal of a defence that allowed Defendants such as James Hardie to off set or reduce asbestos compensation payments to widows in dependency claims.

Further, the Commission had recommended pain and suffering compensation survive if asbestos court proceedings were commenced within 12 months of a person dying from an asbestos condition such as mesothelioma.

Asbestos and mesothelioma compensation claims in South Australia, and asbestos and mesothelioma compensation claims in Victoria, do not allow a Defendant to put up the Defence to a claim that results in an offset to a dependency asbestos claim.

It is hoped the New South Wales Government will sit down with representatives of James Hardie to try and nut out a new deal to ensure asbestos compensation reforms are made to assist those affected by asbestos conditions.

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

The word “Aspestos” is a common misspelling of the word “asbestos”.