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Saturday 20, November, 2004 13:30 - 16:00, International Conference Hall Plenary Session 5 Compensation for Damages due to Asbestos Chairs: Akira Morita and Satomi_Usijima Tim Hammond Lawyer, Slater & Gordon Lawyers, Perth, Western Australia, Australia ABSTRACT Australia had the highest per capita use of asbestos in the world from the 1950s until the 1970s. We now have the highest per capita incidence of mesothelioma in the world. Mesothelioma is now contracted by more than 500 Australians per year. It is expected that up to 18,000 Australians are likely to die from the condition by 2020. Inherent in this national epidemic is the tragic legacy of Wittenoom, in Western Australia. Crocidolite was first mined at Wittenoom in 1938. The mine was not decommissioned until 1967 and during this time period it is estimated 20,000 men women and children lived in the town, worked at the mine and played in the raw asbestos tailings that lined the streets of the townsite. Wittenoom is clearly the greatest industrial disaster in Australia's short history. Slater & Gordon have been acting for victims of asbestos related diseases for over 2 decades and was the first legal firm in Australia to obtain a damages verdict for asbestos related mesothelioma and asbestos induced lung cancer. Since this time, claims for compensation have been brought and won against defendants involved in the manufacture and supply of asbestos and employers who expose their workers to asbestos in the workplace. The first landmark cases were fought in the 1980s and the fight for justice for victims of asbestos disease continues today. Traditionally claims are bought in negligence against defendants, however as time progresses, different challenges in the litigation landscape present themselves. We now act for victims who represent the 'fourth wave' of victims of asbestos disease, those who experience exposure to asbestos in sedentary occupations, in schools or at home. Combined with the forensic challenges these cases present is the growing uncertainty as to whether Government will introduce legislative reform which will curtail the ability of victims of asbestos disease to bring common law claims in negligence. |