Other Dust-related claims

 
Damages claims for non-asbestos related dust diseases are case-managed by a Judge through the use of Directions Hearings. The aim is for a just, quick and cheap resolution of the real issues in dispute.
 

At Directions Hearings, the Judge makes orders to progress the matter to be ready for Hearing. Please refer to the 'Relevant legislation' panel (see right), 'Practice notes' and 'Advice to Practitioners' for further information.

Parties (plaintiffs and defendants) to the Claim can at any time throughout the proceedings continue to try to negotiate and settle the Claim prior to any Hearing. They may also consider using Alternative Dispute Resolution – for example, Mediation or Arbitration.

  Example

Hearings

When the parties have prepared their case, or been given a reasonable time to prepare their case, and it is clear the case will not settle, the Judge will Order that the Claim be set down for Hearing. Once all the evidence has been heard, the Judge will make a decision and hand down a Judgment.

Relevant legislation

A selection of laws and rules that apply to the Tribunal.   

Dust Diseases Tribunal Act 1989    

Dust Diseases Tribunal Regulation 2013    

Dust Diseases
Tribunal Rules
   

Civil Procedure Act 2005     

Uniform Civil Procedure Rules 2005     

Also see publications for legal reference information.

Dust Diseases Tribunal (Standard Presumptions -Apportionment) Order 2007