Example of proceedings for an asbestos-related claim

This example of the timetable for a typical asbestos-related claim may not apply to every case heard by the Tribunal. For more information on the Tribunal proceedings, refer to the Dust Diseases Tribunal Regulation 2019 and also review the other relevant laws and Rules.  

Statement of Claim

A case is initiated by the plaintiff (claimant) lodging a Statement of Claim form at the Tribunal registry with the appropriate fee. Learn about the forms needed and how to download them.

Plaintiffs need to ensure that their claims comply with the requirements of the relevant legislation, particularly in respect of the timeframes for submitting forms such as those related to the Claims Resolution Process (CRP) as well as other supporting documents. All parties (plaintiffs and defendants) should consider obtaining legal representation. See Get legal advice to learn more.

At the outset of claim, the plaintiff is required to file and serve on each defendant the CRP Form 1 Statement of Particulars within a certain time. The plaintiff (or their legal representative) must then notify the Tribunal, in writing, of the date the Statement of Particulars document was served on all defendants. The CRP timetable (DOC, 46.5 KB) will then begin, requiring a series of steps to be followed towards the settlement or hearing of the claim.

A defendant may require the plaintiff to attend a medical examination.

Reply

After each defendant is served with a Statement of Particulars they should consider filing a CRP Form 2 Reply within the timeframe required by the legislation.

All parties to a claim can try to negotiate a settlement at any time without having to continue through to a Mediation or Hearing.

Contributions assessment

Where a claim is against more than one defendant, all defendants must agree on how any liability will be divided between them in terms of percentage. This must occur within the timeframe.

The Registrar must be notified of any agreement prior to the relevant CRP deadline. If not, a Contributions Assessor will be appointed by the Registrar to decide on the percentage of liability for each defendant.

Mediation

If the parties cannot agree within the CRP timeframe on a settlement for the claim or on a mediator, then the matter will be handed over to the Registrar to arrange mediation. 

A mediator appointed by the Registrar will hold a mediation session at a time agreed by the parties, with the aim of reaching a settlement without the need for a hearing. 

If the parties do agree on a settlement, then they must put the terms in writing using a Consent Order form. If the Mediation is not successful, the Mediator must notify the Registrar that the claim was not settled and note the issues that remain in dispute.

The CRP is now finished, and the claim must be given Directions by the Tribunal to progress the matter to resolution.

Settlement

Once an Agreement is in writing in a Consent Order form signed by all parties, it must be filed with the Tribunal together with a Consent Judgment form.

An appointment will then be made with the Registrar or a Judge (depending on the nature of the agreement), who will examine the Agreement (also known as Orders) and, if appropriate, enter a Consent Judgment to finalise the claim.

Directions hearing

To apply for a hearing date, a Notice of Motion form should be completed and filed with the Registrar (fees apply). When a claim remains subject to the CRP, special conditions are attached to an application for a Directions Hearing. See Dust Diseases Tribunal Regulation 2019 for further information.

A Directions Hearing is a preliminary mention of the claim in court where a party formally asks the Judge to Order certain steps take place to progress the case. An example would be asking that a particular timetable is implemented. 

The Judge will ask the other parties for comment and then decide on a course of action. Parties must proceed to prepare their case and comply with these Orders.

In cases where a plaintiff may have only months to live, an application can be made by Notice of Motion with supporting Affidavit and medical evidence to forgo CRP. The case must be listed for a Directions Hearing, so the Judge can consider whether the case is urgent.

If the Judge agrees to remove the matter from the CRP, the gravely ill plaintiff's evidence can, on request, be taken at a bedside hearing. If appropriate, the taking of other evidence can also be ordered deferred to a later date.

Directions hearings are held on Mondays.