Area of law
Industrial Diseases
The HBA team has a long history managing a portfolio of industrial diseases claims on instructions from major private insurers, self-insureds and government. The team’s experience includes acting in mesothelioma cases stemming from construction in the 1960s to 1980s.
We undertake all aspects of claims management on these files, including all advocacy work.The Industrial Diseases experience of our team includes:
- Providing advice on industrial diseases and the specific conditions of pneumoconiosis, asbestosis, lung cancer and mesothelioma, as well as the cause of those conditions;
- Negotiating contributions between multiple insured/insurers in claims where the amount claimed has exceeded $1,000,000 plus costs, and the period of exposure covers several policies over many years;
- Formal and informal negotiation/mediation; and
- Settlement resolution.
HBA works in partnership with clients as a united team, ensuring all matters are dealt with in the best interests of our client, avoiding unnecessary litigation and actively taking steps to resolve matters informally where possible.
Equally, our industrial disease experts are always mindful that insureds should not be required to pay more than their fair share of any settlement. All settlement and claims resolution options are explored by our team at all stages.
Our lawyers are skilled negotiators who, working together with clients, achieve excellent settlement results when appropriate. We recognise that most industrial disease cases are resolved through mediation, and there is often a real urgency for the resolution of these matters, particularly in instances where the claimant is terminally ill.
The HBA team facilitates discussions with relevant stakeholders at the earliest possible opportunity to ensure that all relevant claim information is exchanged and to ensure that the relevant stakeholders understand the litigation process and why a particular strategy is being recommended.
Where a matter is litigated, our people draw on their extensive advocacy experience at pre-trial conferences, conciliations, mediations and informal conferences before the Court.
In instances where a matter is not amenable to settlement, HBA handles the vast majority of counsel work, but will brief appropriate barristers where necessary, such as matters running to a contested hearing on liability and quantum.
Our people are acutely aware of the major manufacturers of asbestos products and occupiers of premises containing asbestos. Importantly, we also maintain good relations with other legal practitioners who work in this area. This is critical, as a collaborative approach is often required amongst defendants in these matters.
Our lawyers have run a number of ‘speedy trials’ relating to mesothelioma and been successful in several applications to have claims dismissed for lack of evidence (against employers).
We have also acted for clients immediately off the back of asbestos exposure where buildings with asbestos materials are erroneously demolished, exposing members of the public, staff and/ or contractors to asbestos. We are well versed at handling the medical claims processes, third party claims and civil claims.
On the east coast, our team has extensive experience advising coal mines and local councils in risk management, as well as civil claims.
This experience has included acting in many multiparty claims involving dust lung disease caused by coal dust and diesel fumes. Our people have advised on all aspects of dust diseases for coal mines after the rediscovery of the illness in Queensland. In fact, Partner Courtney Steele acted in the first case of coal mine workers’ pneumonoconiosis in Queensland since the re-emergence of the disease, playing a central role in negotiating mutual understandings between the key stakeholders in the field.
