If your personal injury practice includes dust disease claims, you can’t afford to miss this important event where we bring together experts to discuss recent developments in the ever-evolving world of asbestos and silica claims. Hear an update from the Dust Diseases Tribunal and from an expert on dust diseases associated with tunnelling. Learn more about new issues arising with silica claims as well as the movement away from the Helsinki Criteria guidance for diagnosis and attributing diseases to asbestos exposure. Lastly, you can tick off your mandatory Ethics CLE hour with a presentation on professional conduct issues in dust diseases claims.

Presenters

Emily Archer, Practice Leader - Victoria Asbestos, Dust & Occupational Diseases, Slater & Gordon
Emily is a Practice Leader in the Victorian Asbestos and Dust Diseases Team at Slater & Gordon. Emily has conducted personal injury litigation since 2012. Having previously defended personal injury claims, Emily now acts for clients who are suffering from dust diseases including mesothelioma, asbestos-related lung cancer, asbestosis, asbestos-related pleural disease and silicosis as a result of exposure to dust while at work, during home renovations, or simply as a by-stander. Emily uses her experience in defending claims to ensure her client’s claims are navigated as quickly and efficiently as possible. She feels privileged to be able to build relationships with her clients and represent them during a difficult time in their lives.


Her Honour 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.


Josephine Leicht, Deputy Registrar, Dust Diseases Tribunal NSW


David Andersen, Partner, HWL Ebsworth Lawyers
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.


Daniel Watson, Registrar, Dust Diseases Tribunal NSW


Kate Cole OAM FAIOH, Certified Occupational Hygienist, Director, 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, a member of the NSW Dust Diseases Board, and sits on the Asbestos and Silica Safety Eradication Agency’s Council. 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.


Joanne Wade, Head of National Asbestos and Dust Diseases, Slater & Gordon
Joanne is the Head of Asbestos and Dust Diseases at Slater & Gordon. Joanne has worked in the dust diseases field since 1996 and is an Accredited Specialist in Personal Injury Law. In a time that is normally the most difficult for her clients, Joanne understands the importance and need to handle all her cases with the utmost diligence, compassion and honesty. Respected amongst her peers, the thing that separates Joanne from other asbestos lawyers is perspective; with her own father being exposed to asbestos working at Cockatoo Island Dockyard, she is in the unique position of seeing it from both angles. With Joanne's passion, stemming from personal experience, this gives her a greater understanding of all aspects and she takes on board every case with an equal amount of commitment.


Jessica Mackenzie, Partner, Rankin Ellison Lawyers
Jessica specialises in insurance litigation with an emphasis on Dust Diseases litigation. Jessica joined Rankin Ellison in 2020 as Special Counsel and was appointed as a Partner in 2022. She has worked in personal injury litigation since 2005. Following her admission in 2009, Jessica proved her ongoing commitment to personal injury litigation by achieving her Law Society Specialist Accreditation in personal injury law in 2014. Practicing solely in Dust Diseases litigation since 2013, she has conducted claims in both New South Wales and Queensland. Jessica has worked for both Plaintiff and Defendant law firms, developing a diverse range of skills. Now litigating complex liability and damages claims, she pays particular attention to evidence presented by her opposition in order to ensure the most appropriate response to claims. Jessica prides herself on providing timely and quality advice, ensuring that the forensic and strategic direction of a case is taken care of. Her strong advocacy skills have earned her a well-deserved reputation in the NSW Dust Diseases jurisdiction.


Spiro Tzouganatos, Barrister, Maurice Byers Chambers
Spiro Tzouganatos is one of Australia’s leading barristers in Dust Diseases and Toxic Torts litigation. He specialises in complex and challenging cases and has acted in many test cases relating to injuries including cancer caused by asbestos, silica, other substances, and products. Appearing in Courts and Tribunals throughout the Commonwealth including in the High Court, Spiro practises in all areas of the common law including medical and professional negligence, product liability, class actions, motor vehicle accidents, and abuse litigation.


Amy Vincent, Director & Occupational Therapist, The Therapy Collective
Amy is the founder of The Therapy Collective and an experienced Occupational Therapist with an established reputation as an expert and leader having practiced for over 18 years in Australia and the United Kingdom. Amy is passionate about connecting with clients as individuals and this approach is the foundation to all of The Therapy Collective’s services. Amy is committed to sharing her vast experience and knowledge and oversees the education sessions for health professionals we offer as part of our Assistive Technology services. When she is away from work, Amy loves relaxing at the beach and spending time with her family.


James Sheller KC, New Chambers
James Sheller graduated from Sydney University in Arts (1992) and Law (1994). He came to the bar in February 2004. Before then, he was a Senior Associate at Phillips Fox and a solicitor there from 1994. As a solicitor, he practiced predominantly in insurance litigation. This wide area of practice included catastrophic injury claims, coverage disputes between insurers and their reinsurers, coverage disputes between insureds and their brokers, claims against professionals and indemnity advice work. His practice as a solicitor also included: a large asbestos litigation practice from 1997 onwards; defence of major Occupational Health & Safety prosecutions; conduct of an internal investigation into the actions of employees of an insurance broker in collecting premium from an insured in circumstances where insurance coverage was not available. Since coming to the bar, briefs have included: junior brief at the Special Commission of Inquiry into James Hardie; multiple junior briefs in the Court of Appeal, on Special Leave Applications and cases heard in the High Court; conduct of appeals in the Court of Appeal; t1ials in many different State Courts and Tribunals in insurance, taxation, common law, disciplinary and commercial matters. High Court Cases: A v NSW (2006, malicious prosecution); Amaca v Ellis (2009, causation lung cancer, asbestos); Amaba v Booth (2011, causation mesothelioma, asbestos); Alcan Gove v Zabic (2015, Northern Territory workers' compensation) Court of Appeal Cases: Newcastle v Mason (2004, occupier's liability); Eijkmann v Magann (2005, extension of limitation period); Amaca v Ridgway (2005, jurisdiction); Stanoevski v Law Society (2005, disciplinary); McPherson's Ltd v Eaton & Ors (2005, liability); Ove Arup v Industrial Court (2006, jurisdiction); Cranbrook School v Woollahra Council (2006, plam1ing); BI Contracting v Baulderstone (2006, contractual indemnity); Firth v Latham (2006, lawyer's costs); BI Contracting v University of Adelaide (2007, indemnity); Collaroy v Haywood (2007, liability, damages); Amaca v AB & P (2007, liability); Amaca v Banton (2007, damages); Portelli v Tabriska (2008, occupier's liability); Hancock v Arnold (2008, professional negligence); Amaca v CSR (2009, liability); Dust Diseases Board v Munro (2009, statutory damages); Downes v Amaca (2010 statutory damages); Crossan v Utmission (2010, leases); Silverbook v Lindley (2010, employment contract); Wilson v NSW (2010, trespass, assault); NSW v Hage-Ali (2011, wrongful arrest); Teoh v Hunters Hill Council (2011, planning); Clarke v NSW (2012, summary dismissal); Studorp v Robinson (2012, conflict oflaws); Camemolla v Adelaide Bank (2013, mortgages); Rich v Attorney General (2013, coroners); New South Wales v McMaster (2014, liability of police officers in assault); Simmons v Rockdale City Council (liability of Council over cycleway); Dust Diseases Authority v Cook (2015, liability of statutory authority to pay compensation benefits); A complete catalogue of cases in which I have appeared either led or by myself in inferior and superior courts of New South Wales between I January 2016 and 20 June 2017 is attached to this document.


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.


Mark Thompson, Director - Forensic, Vincents Chartered Accountants
Mark Thompson is one of the founding directors of Vincents Chartered Accountants. Mark’s key area of expertise is in the assessment of damages in personal injury matters. Notable general matters Mark has prepared expert reports in relation to include: The Australian victims in the September 11 terrorist attacks in New York; The Blackhawk helicopter incident; DePuy Hips and Knees class actions; The QF32 Class Action; Dreamworld “White Water Rapids” claims; MH370 & MH17 Victims claims. Notable dust diseases matters that Mark has recently prepared reports in, include: Werfel v AMACA [2019] SAET 22; Latz v AMACA P/L (formerly James Hardie & Co P/L [2017] SADC 56; and Parkin v AMACA WASC 306.


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.