James Hardie Court case

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.

Asbestos Compensation scheme

The Asbestos Related Diseases Compensation Scheme introduced by the Tasmanian Government in October 2011 has been hailed as a success by the Government.

The Minister for Workplace Relations announced on 2 May 2012 that the scheme has paid out almost $3 million to 8 separate applicants.

The scheme has helped persons suffering asbestos related conditions such as mesothelioma obtain compensation.

Compensation for those suffering mesothelioma has been made easier by this “no fault” compensation scheme.

Mesothelioma research walk in Australia

On 1 May 2012, a walk across the desert in Western Australia commenced to bring attention to the need for research into asbestos related mesothelioma.

Large numbers of persons are diagnosed with mesothelioma each year in Western Australia, many having worked at the former asbestos mine in Wittenoom.

It is hoped the walk will encourage funding into research for mesothelioma.

Queensland mesothelioma risk

On 27 April 2012, the Queensland newspapers reported the CFMEU had expressed concern for Queenslanders as to their exposure to asbestos during the Queensland floods.

As a result of flooding in Queensland, the risk of asbestos exposure increased.

Asbestos conditions, such as mesothelioma, can occur as a result of relatively small amounts of asbestos exposure.

It is most important that if you come across asbestos, proper and safe methods are in place when removing or handling this material.