The Dust Diseases Tribunal Regulation 2019 (the ’Regulation’) applies the Asbestos Claims Resolution Process (CRP) to all asbestos-related claims for damage.
The objectives of the CRP are to
reduce the cost of claims and to encourage their settlement
by allowing information and particulars to be provided early on.
The CRP prescribes specific forms and procedures for each asbestos-related disease that must be followed in order to progress a claim.
If a plaintiff (a claimant) is said to be suffering from mesothelioma or carcinoma, then the claim is categorised as ‘malignant’ and will follow a shortened timetable under the CRP procedure. The timetable will vary slightly for claims where there is more than one defendant.
If a plaintiff is said to be suffering from an asbestos-related disease other than mesothelioma or carcinoma, the claim is categorised as ‘non-malignant’ and will follow a specific timetable of procedures. Again, the timetable will vary slightly for claims where there is more than one defendant.
Where medical evidence shows a plaintiff to be gravely ill, an application can be made to remove the claim from the usual CRP procedures, in the interests of urgency. The claim can be assigned
for urgent case management and, if necessary, bedside Hearings of the plaintiff’s evidence can be organised. Such an application would be made by Notice of Motion, supported by an Affidavit and medical evidence. Tribunal Judges can hold bedside Hearings at any time of the day and night, on any day of the week.
Proceedings for an asbestos-related claim
When the parties have prepared their case, or been given a reasonable time to prepare their case, the Judge will Order that the claim be set down for Hearing.
The Judge at the Hearing can only consider issues that have been agreed to be in dispute by the parties
. When the Judge has heard all the evidence he or she will make a decision and then hand down a Judgment.
A selection of laws and rules that apply to the Tribunal.
Dust Diseases Tribunal Act 1989
Dust Diseases Tribunal Regulation 2019
Dust DiseasesTribunal Rules 2019
Civil Procedure Act 2005
Uniform Civil Procedure Rules 2005
Dust Diseases Tribunal (Standard Presumptions- Apportionment) Order 2007