Dust Diseases Claims Update

Dust disease claims is a constantly evolving area of personal injury law, join us in September for a consideration of the health risks of tunnelling work and the recent increase of claims that have occurred recently, keep up to date on recent decisions in Australia and overseas, then join us to explore the vexed question of capacity when the claimant is elderly and you have concerns about their capacity to provide instructions. How do you determine whether they have capacity and what steps can you take if they don't.

Wednesday, 18 September 2024
Early Bird Discount ends 2 Aug 2024 $497.00
9.00am to 9.30am Judicial Decision Making in Dust Diseases Claims


Presented by
The Honourable Judge Wendy Strathdee, Dust Diseases Tribunal NSW

Professional Skills
9.30am to 10.30am Beneath the Surface: The Health Risks of Tunnelling Work

 

  • Overview of tunnel construction, common health hazards and work-related diseases in tunnel workers
  • Various tunnelling methods and how these methods impact on workplace exposure
  • Consideration of the workgroups most at risk
  • Typical control measures put in place to protect worker health and the gaps that can exist

Presented by Kate Cole OAM, Certified Occupational Hygienist, Cole Health

10.30am to 10.45am Morning tea
11.45am to 12.45pm Update on Asbestos and Silica Claims Overseas

 

  • English decisions and US approach to foreseeable risk of harm
  • Causation: are overseas courts looking at a minimum threshold dose in mesothelioma cases?
  • Recent US toxic tort cases; herbicides, talc, PFAS
  • Silica litigation outside Australia

Presented by David Miller, Partner, Colin Biggers & Paisley; Preeminent Dust Diseases Lawyers (Defendant) – New South Wales, Doyle’s Guide 2023

Session 2: The Aging Claimant and Overseas Update


Chair: 
David Andersen, Partner, HWL Ebsworth; Recommended Dust Diseases Lawyers (Defendant) – New South Wales, Doyle's Guide 2023

Description

Attend and earn 6 CPD units including:
4 units in Substantive Law
2 units in Professional Skills

This program is applicable to practitioners from all States & Territories

Session 1: Dust Diseases Claims Update


Chair: 
Lian Chami, Partner, Bartier Perry; Preeminent Dust Diseases Lawyers (Defendant) – New South Wales, Doyle’s Guide 2023

10.45am to 11.45am Case Review and Updates on Liability and Assessment of Damages: Practical Guidance and Insights

 

  • Liability decisions including recent decisions relating to health risks of tunnelling
  • Cases on assessment of damages

Panel Includes:
Tanya Segelov, Director, Segelov Taylor Lawyers
Victoria Keays, Partner, Gordon Legal, Preeminent Asbestos & Dust Diseases Compensation Lawyers (Plaintiff) Doyle’s Guide 2023
Jonathan Walsh, Partner, Maurice Blackburn; Leading Asbestos & Dust Diseases Compensation Lawyers (Plaintiff) Doyle’s Guide 2023

12.45pm to 1.15pm Future Developments in Dust Diseases: A Panel Discussion


Panel Includes:

Tanya Segelov, Director, Segelov Taylor Lawyers
Victoria Keays, Partner, Gordon Legal, Preeminent Asbestos & Dust Diseases Compensation Lawyers (Plaintiff) Doyle’s Guide 2023
Jonathan Walsh, Partner, Maurice Blackburn; Leading Asbestos & Dust Diseases Compensation Lawyers (Plaintiff) Doyle’s Guide 2023

EXPLORING THE MEDICAL AND LEGAL ISSUES WHERE THE CLAIMANT IS DIAGNOSED WITH AN AUTO IMMUNE DISEASE
Professional Skills
2.15pm to 2.55pm Silica Related Auto-Immune Disease:

 

  • What is Autoimmune Disease and how is it diagnosed?
  • The role of silica in the development of autoimmune disease and examination of the research
  • Diagnosing disease; dealing with other contributing factors and causes
  • Impact of symptoms on employability, physical and mental wellbeing

Presented by Dr Hayley Barnes, Respiratory Physician, Alfred Hospital

2.55pm to 3.15pm Commentary: Observations on Engaging and Collaborating with a Respiratory Medical Practitioner when the Claimant is Suffering from an Auto-Immune Disease


Presented by
 David Andersen, Partner, HWL EbsworthRecommended Dust Diseases Lawyers (Defendant) – New South Wales, Doyle's Guide 2023

THE AGING CLIENT AND THE CAPACITY TO PROVIDE INSTRUCTIONS
3.15pm to 4.15pm Exploring Mental Capacity with Medical & Legal Insights Together with an Exploration of Options Open to the Lawyer Should the Claimant’s Not Have Capacity to Provide Instructions

 

  • Different roles: the Court, the medical practitioner and the solicitor in the assessment of capacity
  • Legal and medical tests for the assessment of:
    • Capacity to engage in legal proceedings
    • Capacity to contract
    • Capacity to appoint enduring attorneys and enduring guardians
  • Role of the solicitor: communication with the client and taking clear instructions
  • Warning signs for solicitors: what to do and when to engage a medical practitioner
  • Referrals and letters of instruction: How can solicitors best assist the medical practitioner and the Court
  • Role of the medical specialist
  • Disclosure of documents and consent: confidentiality issues
  • What steps the lawyer can take if the client’s capacity is compromised

Presented by: Dr Amanda White, Clinical Neuropsychologist and Forensic Psychologist, Neuropsychological & Forensic Services and Katelin Whitley, Principal, Bestic Lawyers; Accredited Specialist in Wills & Estates Law; Recommended Wills, Estates & Succession Planning Lawyer & Estates Litigation Lawyer, Doyle’s Guide 2023

1.15pm to 2.15pm Lunch Break

Presenters


Lian Chami, Partner, Bartier Perry
Lian brings over 15 years of experience in law, specialising in dust diseases work and historical liability claims. With a background in alternative dispute resolution, Lian is dedicated to achieving the best outcomes for clients. Her current practice focuses on dust-related cases, where she has been providing exemplary legal services to various clients, including NSW government clients in transport, education, public works, and health under the Treasury Managed Fund (TMF) and Comcare work on behalf of the Commonwealth Government. Lian’s clients appreciate her efficiency and practical, cost-effective approach to resolving or contesting litigations.


Kate Cole OAM, Certified Occupational Hygienist, Cole Health
Kate Cole OAM is a multiple award-winning scientist, engineer and Certified Occupational Hygienist who has dedicated her career to the prevention of work-related disease. Her work on preventing silicosis has been informed by the completion of a Winston Churchill Fellowship and her extensive work on major construction and tunnelling projects in Australia and abroad. Kate is the past President of the Australian Institute of Occupational Hygienists, the former co-chair of the National Silicosis Prevention Strategy Expert Steering Committee, and a member of the NSW Dust Diseases Board. In recognition of her outstanding contributions to workplace health and safety, Kate was awarded the Medal (OAM) of the Order of Australia and was included in the Covid-19 Honour Roll in the 2022 Australia Day Honours. Kate now works as an independent consultant while completing her PhD at the University of Sydney where she is researching respirable crystalline silica exposures to tunnel construction workers.


Tanya Segelov, Director, Segelov Taylor Lawyers
Tanya Segelov is a principal lawyer of Segelov Taylor Lawyers. Tanya , was admitted as a solicitor in 1996 and has since this time has acted for , plaintiffs in personal injury claims specialling in asbestos and other dust , diseases claims. Tanya has run a number of significant claims including the , first verdict in Australia for a person exposed to asbestos as a home , renovator, the first claim to hold a holding company directly liable for the , negligent acts of its subsidiary (CSR Limited v Wren (1997) 44 NSWLR , 463), the only successful verdict in the world against an airline for a , stewardess exposed to fumes (Joanne Turner v East West Airlines Limited , (2009) NSWDDT 10) as well as acting for the late Bernie Banton in both , his claims against James Hardie. Tanya was part of the team that , represented unions and asbestos support groups at the Special , Commission of Inquiry into the Establishment of the Medical, Research and , Compensation Foundation (the James Hardie Inquiry). In 2010 Tanya was , appointed a member by the Federal Government of the Expert Advisory , Panel to the Asbestos Management Review and in 2013 was appointed , as one of the two independent members of the Asbestos Safety , Eradication Council who advises the Asbestos Safety Eradication Agency , (ASEA). As part of her role Tanya chairs ASEA's Research Advisory , Council.


Jonathan Walsh, Partner, Maurice Blackburn
Jonathan Walsh is a Principal and the Queensland practice group leader for asbestos law and dust diseases, based in Maurice Blackburn’s Brisbane office. Jonathan is also a Law Society of NSW Accredited Specialist in Personal Injury (Dust Diseases). This additional qualification stands him head and shoulders above most other lawyers who specialise in asbestos law. Graduating from Macquarie University with a Bachelor of Media and Bachelor of Laws, Jonathan joined Maurice Blackburn in 2003 and was admitted to practice in 2005. From 2007 to 2011, Jonathan worked at a major Australian commercial law firm and then a major Australian financial institution as in-house counsel, before returning to Maurice Blackburn in mid-2011. He is an Accredited Specialist in Personal Injury (Dust Diseases) and member of the Queensland Law Society, Australian Lawyers Alliance, State Council, Palliative Care Queensland, Lung Foundation of Australia, Thoracic Society of Australia and New Zealand, Clinical Oncology Society of Australia and the American Association for Justice


Dr Amanda White, Clinical Neuropsychologist and Forensic Psychologist, Neuropsychological & Forensic Services
Dr White is an endorsed Forensic Psychologist and Clinical Neuropsychologist with extensive training and experience in the preparation of forensic psychological and neuropsychological reports. She is skilled in the comprehensive assessment of cognitive, behavioural and psychological impairments associated with complex histories, multiple comorbidities and a range of conditions, including acquired brain injury, neurodegenerative disorders, psychological and psychiatric illness, neurological conditions, intellectual disability, substance use disorders and forensic matters including risk assessment. She has extensive experience conducting assessments and reports surrounding decision making and capacity evaluations. She has appeared as an expert witness in the NSW courts and various tribunals.


The Honourable Judge Wendy Strathdee, Dust Diseases Tribunal NSW
Her Honour Judge Strathdee was called to the Bar in 1992 conducting common law trials in the District and Supreme Courts of NSW and Queensland but predominantly in the Dust Diseases Tribunal of NSW. In 2005 her Honour was appointed as a Mediator and Contributions Assessor for the DDT. Her Honour has also been involved in training and mentoring of legal practitioners and law students in alternative dispute resolution. In 2018 her Honour was appointed to the bench as a member of the Dust Diseases Tribunal and the District Court of NSW.


Victoria Keays, Partner, Gordon Legal
Victoria is an accredited specialist in personal injury law with a particular interest in asbestos litigation. Victoria has over 10 years’ experience in representing those suffering from all forms of asbestos diseases; including mesothelioma, lung cancer, asbestosis and asbestos related pleural disease. Victoria is also passionate about achieving compensation for those afflicted by other occupational diseases, such as silicosis and occupational lung cancer. Victoria has represented clients in a number of jurisdictions around Australia and has been recognised by Doyle’s Guide as a leading lawyer in the area of Dust Diseases.


David Miller, Partner, Colin Biggers & Paisley
David Miller is a partner in the Disputes & Investigations team at Colin Biggers & Paisley. Widely experienced in asbestos-related matters, David is a regular speaker on indemnity and claims management issues. David is also experienced in corporate governance and risk management (including regulator actions involving the ACCC and various WorkCover authorities), Australian Consumer Law issues, defamation, and commercial disputes. David is listed as a leading insurance and product liability lawyer by Best Lawyers in Australia. Doyles Guide lists him as a preeminent lawyer in dust diseases claims. David sits on the Professional Conduct Committee and Disclosure Committees of the Law Society of NSW and has chaired the Society's Ethics Committee since 2022. David is also a member of the Human Research Ethics Committee of the Sydney-based Centre for Digestive Diseases.


David Andersen, Partner, HWL Ebsworth
David specialises in toxic tort litigation, workers compensation and public liability claims. David acts exclusively for insurers and self-insureds. He assists clients across a broad range of industries, including energy and resources, manufacturing, property management, transport and insurance. David was named in the 2016 Asia Pacific Legal 500 Directory as one of Australia’s “leading individuals” for insurance law. He is a member of the NSW Law Society’s Personal Injury Specialist Accreditation Committee Advisory Committee.


Dr Hayley Barnes, Respiratory Physician, Alfred Hospital
Dr Hayley Barnes is an Adjunct Lecturer at the Central Clinical School, and Department of Occupational and Environmental Health, Monash University, and works as a Respiratory Physician at the Alfred Hospital. Her research is focused on interstital lung disease, pulmonary hypertension, and other end-stage lung diseases. Dr Barnes is an editor of the Cochrane Airways Group, PaPas Group, and BMC Pulmonary Medicine.


Katelin Whitley, Principal, Bestic Lawyers
Katelin Whitley is the principal of Bestic Law located in Sydney and the Hunter Valley and practices primarily in succession, trust, and property law matters. She was admitted to practice in 2001 and was recognised by the NSW Law Society as an Accredited Wills and Estates Specialist in 2011 and as an Accredited Property Law Specialist in 2021. She works on both simple and high-level estate planning and acts on estate administrations including for large and complex estates. She has considerable experience advising and acting on contested estate litigation including lack of testamentary capacity and undue influence cases, family provision claims, construction of will litigation, and application of the Forfeiture Act. Katelin has represented estates, applicants, and beneficiaries. Katelin has completed her Master of Laws at the University of Sydney and Master of Forensic Mental Health in the UNSW School of Psychiatry. She has been lecturing in the College of Law Wills & Estates Master of Applied Law program since 2017, is a member of the Law Society NSW Property Law Committee, and was a member of the Law Society NSW Accredited Wills & Estates Specialists Committee from 2012 to 2022. Katelin is also a Notary Public and serves as a Council Member with the Society of Notaries of New South Wales Inc.

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Dust Diseases Claims Update

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Wednesday, 18 September 2024
9.00am to 4.15pm Australia/Sydney
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Morning Session
Wednesday, 18 September 2024
9.00am to 2.15pm Australia/Sydney
CPD Points 4
$505.00
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Early Bird Discount ends 2 Aug 2024 $353.50
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Afternoon Session
Wednesday, 18 September 2024
2.15pm to 4.15pm Australia/Sydney
CPD Points 2
$305.00
$305.00
Early Bird Discount ends 2 Aug 2024 $213.50
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Venue
Legalwise Seminars

Level 11,  70 Pitt Street, Sydney 

Directions

These are  the nearby public transport options.

By train: Wynyard station is only 400m away and Martin Place station only 500m away
Bus:  The Clarence Street Bus Interchange is only 450m and there are many buses that stop nearby
Ferry: Circular Quay is the closest Ferry

Parking Information

Parking is not included in your registration. Here are some nearby parking options.

Secure Park, 20 Bond Street - Click here for rates
Wilson Park, 1 O'Connell Street - Click here for rates
Wilson Park, 31 Bond Street - Click here for rates