Example of proceedings for other dust-related claim

The following example of a timetable for a typical dust diseases (non-asbestos) claim may not apply to every case heard by the Tribunal. For more information about Tribunal proceedings, refer to the Dust Diseases Tribunal Regulation 2019 and read about other relevant laws and rules. 

Statement of Claim

A case is initiated by the plaintiff lodging a Statement of Claim form at the Tribunal Registry and paying the appropriate fee. All forms are available for download from p,  

Plaintiffs must ensure their claims comply with the requirements of the relevant legislation, particularly noting the timeframes for submitting forms and other supporting documents. All parties (plaintiffs and defendants) should consider obtaining legal representation. Visit Get legal advice for options. 

As soon as possible after lodging the Statement of Claim, the plaintiff must file and serve on the defendants a Form 14 Statement of Particulars (Personal Injury), listing the information required for the case. After the Statement of Claim is filed with the Tribunal, the matter will automatically be listed (scheduled) for a Directions Hearing within 6 weeks.

Defence

Each defendant after being served with the plaintiff’s Statement of Claim, should consider filing and serving an Appearance and/or a Defence forms (forms 6A, 6B, 7A or 7B) within the time required by the legislation. 

Directions Hearings

The Tribunal begins to manage the case by using a Directions Hearing to determine what should occur, in what order and by when to progress the claim in readiness for a hearing date.

Tribunal Directions Hearings are usually held on Mondays. Notice of Motion Form 20 should be completed and filed to seek a Directions Hearing date (fees apply).

A Directions Hearing is a preliminary Mention of the Claim in Court where a party formally asks the Judge for Orders that certain things be done to help progress the case. The Judge will ask other parties for comment and then make Orders directing the parties how to progress the case. For example, the Judge could order:

• referral for an urgent bedside hearing in situations where the plaintiff is gravely ill
• referral to an Issues and Listings Conference (jump link)
• that a particular timetable be followed setting out the steps to progress the case
• various other matters, including the issue of subpoenas to obtain medical or other records.

A representing lawyer is expected to be familiar with the case and be able to inform the Tribunal about:

• the nature of the disease
• the condition and prognosis of the plaintiff’s health
• the current state of the pleadings
• the case’ readiness for hearing and whether: 
  • experts' reports have been obtained and served 
  • further medical examinations are required and, if so, when
  • technical or financial experts have been, or are to be, qualified to prepare reports
• whether admissions have or will be sought and made
• whether Orders for Discovery and Interrogatories have or will be sought
• whether particulars have been filed and served
• the nature of orders, if any, made earlier, and whether they have been complied with
• a completion date for the timetable
• a proposed date for hearing.

Issues and listings conference

Prior to a hearing, the parties have an opportunity to identify and resolve disputed issues in a conference held at the Tribunal. This can help parties focus on the substance of outstanding issues and reduce the length of any hearing as well as legal costs. Any agreement between the parties can be put in writing in a Consent Order form for consideration by the Tribunal.

Settlement

All parties to a claim can try to negotiate a settlement at any time, without having to continue through to hearing.

Once an agreement has been put into writing in a Consent Order form and signed by all parties, it must be filed with the Tribunal together with a Consent Judgment form.

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