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.

On 3 May 2012, the High Court of Australia has found the 7 directors of James Hardie breached their duties by approving the James Hardie stock exchange release of a misleading statement.

Just over 10 years ago, James Hardie moved its asbestos liabilities into an asbestos foundation and in the statement they said this foundation was “fully funded” to meet future asbestos compensation claims, including claims for those suffering mesothelioma.

The Australian Securities and Investment Commission (ASIC) commenced legal proceedings against the 7 James Hardie directors.

The matter now goes back to the Court of Appeal who will determine a number of matters, including penalties.