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Australia Legal Issues

In Australia, as in other parts of the world, victims of asbestos exposure often will decide to seek legal action against the companies liable for their exposure. Legal action can help patients locate compensation to cover medical expenses, pain and suffering incurred as a result of asbestos exposure and the development of asbestos-related diseases such as mesothelioma.

Experts report that from the 1950s to the 1970s, Australia had the highest per capita rate of asbestos use in the world. Today, the country has the highest per capita incidence of mesothelioma cancer, and 18,000 Australians are expected to be affected by this disease by 2020. Asbestos was still used in friction materials and gasket products in Australia as recently as December 2003.

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Legal Concerns

Asbestos victims in Australia should be aware of a few legal issues that govern asbestos litigation in the country. For example, the law of foreseeability states that a company or defendant "may not be liable for a disease or injury caused to a person unless the disease was 'foreseeable' in the event that a duty was breached."  This law is particularly relevant in cases involving low-level exposure, as with individuals who did not encounter asbestos on the job but, rather, through secondhand exposure or exposure in the home. Defendants can argue that the plaintiff’s minimal exposure could not have created "a reasonably foreseeable risk of injury."

Also of issue is "causation," which states that the plaintiff must prove that any negligent exposure to asbestos caused the development of their disease. To what extent one has been exposed has long been an issue in Australian courts, and the argument is bound to continue, experts say.

Issues for James Hardie Cases

In 2001, James Hardie Industries, the manufacturer of numerous asbestos products,  established the Medical Research and Compensation Foundation with $293 million in funds to assist victims of asbestos exposure. Executives insured the public that the funding was sufficient to meet all future asbestos claims. The company then relocated to the Netherlands and announced in 2003 that the fund was "grossly under-funded."

Studies show that approximately 12,000 claims will most likely be filed against James Hardie Industries by 2012, and though the company added another $184.3 million to the fund in 2007, opinions differ as to whether this amount will cover all future claims.

Revision of Wrongs Act of 1958

The Wrongs Act of 1958 granted full compensation for loss of income to anyone who was sickened due to exposure to asbestos on the job, but the law did not give the same rights to those individuals who were exposed to asbestos in non-occupational settings. In 2006, a new amendment granted compensation to individuals who were exposed to asbestos due to the environment or secondhand exposure.

Survivor Benefits

For families of individuals who have died from mesothelioma, the Fatal Accidents Amendment Act of 2008 grants compensation to both victims and their surviving family members. Damages are awarded for pain, suffering and loss of enjoyment of life.

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