13:30 - 16:00, International Conference Hall
Plenary Session 5
Compensation for Damages due to Asbestos
Chairs: Akira Morita and Satomi_Usijima
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John Lawrence O'Meally
Judge, Dust Diseases Tribunal of New South Wales, Australia
ABSTRACT
Asbestos was mined and used extensively throughout Australia. As a consequence Australia has the world's highest incidence of asbestos disease. In order to deal with increasing asbestos litigation in New South Wales (the most populous State in the Australian Federation) its Parliament created the Dust Diseases Tribunal in 1989, and invested it with exclusive jurisdiction to hear and determine claims for damages in respect of dust related conditions. It has a concurrent jurisdiction with the Supreme Court of New South Wales to determine the liability of insures and claims for indemnity or contribution between tortfeasors. The New South Wales Parliament enacted substantive and procedural provisions to permit claims to be dealt with and finalised expeditiously. The practice and procedure of the Tribunal and the Statute under which it operates will be discussed.