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Asbestos litigation
WorkCover Queensland v Wallaby Grip (BAE) Pty Ltd (in liq) [2021] QSC 332 Section 207B has been the subject of interpretation in recent years in response to WorkCover Queensland seeking their statutory right of indemnity for compensation payments in claims involving asbestos manufacturers. Notable decisions are WorkCover Queensland v Amaca Pty Ltd (2010) 241 CLR...
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Amaca Pty Limited v Werfel & Anor [2021] HCATrans 146 (10 September 2021) The High Court refused special leave that there was an error in whether the duty to warn of in situ asbestos products failed to account for the indeterminacy of the class of persons at risk of harm and the period of the...
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Coleman v Caesarstone Australia Pty Ltd & Ors [2021] QSC 125 The applicant sought a declaration that the Personal Injuries Proceedings Act 2002 (PIPA) did not apply to the psychiatric condition, which was sustained as a result of a dust disease (silicosis). Section 6(3)(b) of the PIPA excludes the operation of PIPA for a dust disease. In declaring that the...
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WorkCover Queensland v Wallaby Grip Limited (2021) 7 QR 63 WorkCover appealed the decision not to strike out paragraphs 15 and 16 of the First and Second Defendants. The Defendants pleaded that section 207B(8) of the Workers Compensation and Rehabilitation Act 2003 (WCRA) did not apply to a contribution to an injury from interstate employment....
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State of Queensland v Seltsam Pty Ltd (2019) 2 QR 495 Headnote (reproduced) A worker claimed to have been exposed to asbestos dust and to have developed mesothelioma following his employment by the applicant, which commenced in 1947, with the Queensland Housing Commission. Following a claim made by him for workers’ compensation, WorkCover accepted the...
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Amaca Pty Limited v Latz; Latz v Amaca Pty Limited [2018] HCA 22 (13 June 2018) I refer you to the judgment summary and the uncontentious facts. Mr Latz contracted mesothelioma and claimed the loss of his pension ($5,106.00 per annum) and superannuation ($51,162.00 per annum) for the ‘lost years’ – a period of 16...
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Dib v Amaca Pty Limited [2017] NSWDDT 6 The plaintiff suffered mesothelioma and made a claim against Amaca Pty Limited for damages. Among the many items in contention was the claim for the aged pension during the ‘lost years’ following the decision in Latz v Amaca Pty Limited [2017] SADC 56. Judge Russell undertook a...
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(re Dargan) Amaca Pty Limited v Northern Sydney Health Services & Ors [2017] NSWDDT 1 In re Dargan, the plaintiff suffered from mesothelioma and before his death, the plaintiff received from WorkCover the statutory benefit of $627,407.00 and entered into an agreement with WorkCover to pursue a claim against Amaca Pty Limited (“Amaca”). The terms...
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Yarrow v Workers’ Compensation Regulator [2017] QIRC 002 Deputy President Kaufman In issue was whether a payment of NZD $133,802.28 made by the Accident Compensation Commission (‘the ACC’) under the Accident Compensation Act 2001 (NZ)) for mesothelioma to a worker was caught by s 118 of the Workers’ Compensation and Rehabilitation Act 2003. If caught, the worker...
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Alcan Gove Pty Ltd v Zabic [2015] HCA 33 (7 October 2015) I refer to the earlier posting regarding the first instance and Court of Appeal (NT) decisions. The High Court dismissed the defendant’s appeal and upheld the Court of Appeal decision in favour of the plaintiff. The debate has raged as to whether the...
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