Thursday, 9 October 2025
Should There Be a Claims Resolution Process Developed for Silica Cases?
We have a Claims Resolution Process for matters before the Dust Diseases Tribunal. Is it practical to develop a similar process for silica dust related claims?
Presented by James Sheller SC, New Chambers
Description
Attend and earn 1 CPD unit in Substantive Law
This program is applicable to practitioners from all States & Territories
Chair
Jessica Mackenzie, Partner, Rankin Ellison Lawyers: Accredited Specialist in Personal Injury; Leading Dust Diseases Lawyers NSW Doyle’s Guide 2023
Presenters
Jessica Mackenzie, Partner, Rankin Ellison LawyersJessica 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.
James Sheller SC, 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.