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Legal win for dust disease victims

By HELEN KEMPTON

27 November 2005 - TASMANIA'S asbestosis victims have scored a major legal victory after three years of fighting.

And the Beulah man who led the fight is relieved the families of those who die from dust- related diseases will now be looked after.

This week, Attorney-General Judy Jackson tabled legislation which will give families the right to recover damages for pain and suffering if the victim of a dust- related disease dies before the courts finalise their case.

"In the past, lawyers would hold off and drag cases out just waiting for the victim to die," Asbestos Diseases Tasmania president Laurie Appleby said on Thursday.

"A friend of mine found out he had mesothelioma in October last year and died on New Year's Eve. That's how fast it happens and the families were left with nothing and no legal claim."

Mr Appleby said between 20 and 30 Tasmanian families would benefit from the new rules.

"I haven't had any feedback from the Government. I didn't even know this had happened until you rang," he said.

"But it is good news to get after campaigning for change for three long years - it certainly has been a battle."

Tasmania's asbestos disease sufferers won a compensation law victory in January and they needed more legal change to give those new rules some teeth.

Up to 100 Tasmanian asbestos victims are seeking compensation and changes to the Limitations Act (which removed the six-year deadline on claims) have allowed them to do so.

However, a pain and suffering exclusion meant victims often died before their claims moved through the courts, leaving their families without recourse.

The symptoms of asbestosis and other asbestos-related illnesses sometimes do not appear for 40 years, but the disease can claim the lives of victims within six months of being diagnosed.

Mr Appleby is a former Goliath Cement Works employee and he has led the fight for Tasmanian victims to have the same rights as their mainland counterparts.

Mr Appleby said the Goliath works at Railton had produced all the asbestos products in Tasmania from the 1930s until the 1980s and 90 per cent of the people who are now able to make a claim were former cement works employees.

Ms Jackson said Tasmania was the only State where the pain and suffering component of a damages claim disappeared when the victim died.

"We did not think this was fair," Ms Jackson said.

"Dust-related conditions, such as mesothelioma, generally have a long latency period.

"The amendment will help relieve the pressure on sick and dying plaintiffs to push ahead with litigation as quickly as possible. At the same time, it will remove any incentive for defendants to drag out legal proceedings unnecessarily."

Firm vows to pay asbestos victims

The Asahi Shimbun

12/26/2005 - AMAGASAKI, Hyogo Prefecture--The president of machinery manufacturer Kubota Corp. apologized Sunday for the high incidence of cancer afflicting people living near the firm's plant here and promised to compensate them.

The cancers are thought to have been caused by asbestos used at the plant.

Daisuke Hatakake, speaking to cancer patients and their families, said Kubota will offer the same compensation to each victim as it offered workers. Workers or their families received up to 32 million yen.(IHT/Asahi: December 26,2005)