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Dust Diseases Litigation 2026: Emerging Claims, Evidence and Risks

Dust diseases litigation continues to evolve with new occupational exposure risks, emerging medical evidence, expanding categories of compensable disease and significant developments across Australian jurisdictions. Join leading voices to understand where the risks are heading and how to respond. Gain direct access to the people shaping and working at the forefront of this area, with practical guidance to help you anticipate issues earlier, prepare stronger matters, assess claims more confidently and understand how developments in one state may affect strategy in another. If dust diseases work crosses your desk, whether for plaintiffs, defendants, insurers or employers, this is the day to get across the issues that matter now and the trends that will shape what comes next. Register now to secure your place. 

Thursday, 10 September 2026
Session 1: Dust Diseases Decisions, Emerging Secondary Claims and Understanding the Evidence

Chair: Lian Chami, Partner, Bartier Perry; Preeminent Dust Diseases Lawyers (Defendant) – New South Wales, Doyle’s Guide 2025 

Description

Attend and earn 7 CPD units including:
6 units in Substantive Law
1 unit in Professional Skills
This program is applicable to practitioners from all States & Territories

 

Session 2: Navigating the National Perspectives on Dust Diseases

Chair: David Andersen, Partner, HWL Ebsworth Lawyers; Leading Dust Diseases Lawyers (Defendant) – New South Wales, Doyles Guide 2025

Break Out Session 2: Coal Mining Regulatory Framework and Engineered Stone Pending Cases (Online, On Demand Recording)
3.00pm to 4.00pm Engineered Stone Pending Cases: Examining Apportionment of Employer/Supplier

Presented by John Kinnane, Head of Legal Workcover Queensland and Will Brock, Special Counsel DWF  

Break Out Session 3 : WorkSafe Victoria and Mixed Exposure (Online, On Demand Recording)
11.15am to 12.15pm Psychiatric Claims Arising from Dust Diseases Claims

 

Dust disease claims can give rise to significant secondary claims.

  • Explore the legal and evidentiary issues arising in psychiatric injury, including causation, assessment of damages and the practical challenges of quantifying consequential loss

Presented by Jacqueline Hughes, Principal Lawyer, Carter Hawkins Lawyers; Recommended Asbestos & Dust Diseases Compensation Lawyer (Plaintiff) – Australia, Doyle’s Guide 2025

Break Out Session 1 : Dust Diseases Tribunal NSW and the icare Perspective (Face to Face, Online, On Demand Recording)
2.00pm to 3.00pm Coal Workers' Pneumoconiosis (CWP) and the Coal Mining Regulatory Framework

 

  • Examine the issues from a large, active coal mining industry causing a modern resurgence of black lung (CWP) identified from around 2015 onward
  • Unpack the highly developed, industry-specific medical and regulatory scheme for coal workers

Presented by David Cormack, Barrister, David Cormack Barrister at Law

3.00pm to 4.00pm Learning from the icare Perspective

 

Hear the icare perspective and gain insight and practical strategies on the issues you need to understand when advising, managing or responding to dust diseases claims.

Presented by Karina Davies, General Manager, Dust Diseases Care, General Insurance & Care

2.00pm to 3.00pm Navigating Serious Injury Applications and WorkSafe Victoria Claims Arising from Occupational Dust Exposure

 

Gain practical guidance on navigating Serious Injury Applications and WorkSafe Victoria claims for workers affected by occupational dust diseases, from establishing entitlement through to maximising recovery.

Presented by Andrew Dimsey, Barrister, Dever’s List

3.00pm to 4.00pm Practical Strategies when Dealing with Mixed Exposure Cases Involving Asbestos, Silica and Other Occupational Hazards
4.00pm to 4.15pm Afternoon Tea Break
4.15pm to 5.15pm Submissions Made on Verdicts in Other Jurisdictions: A Panel Discussion

 

  • Gain from the experience of leading practitioners from across Australia on how interstate verdicts are being relied upon in dust diseases litigation
  • Examine the practical implications for submissions, damages assessments and emerging litigation trends in their respective jurisdictions

 

Panellists:

 

Alex Schonell, Barrister, Jack Shand Chambers
Rohan Phelps, Barrister, Lennon’s List
David Cormack, Barrister, David Cormack Barrister at Law
Jessica MacKenzie, Partner, Rankin Ellison Lawyers

9.00am to 10.00am The Bennett Decisions in the Dust Diseases Tribunal

 

  • Unpack the implications of the decisions of Bennett v Workers Compensation Nominal Insurer (No 2) [2025] NSWDDT 5 and Bennett v Workers Compensation Nominal Insurer (No 3) [2026] NSWDDT 4,
  • Examine the pertinent determinations as to likely progression of PMF and its impact on damages.
  • Consider the application of the Workers Compensation (Dust Diseases) Act 1942 on awards of damages for future out-of-pocket expenses.

Presented by Jessica Mackenzie, Partner, Rankin Ellison Lawyers: Accredited Specialist in Personal Injury; Leading Dust Diseases Lawyers NSW Doyle’s Guide 2025

Professional Skills
12.15pm to 1.15pm Understanding the Evidence Underground: Silica Dust Exposure and Control in Australian Tunnelling

 

  • Examine current scientific evidence on respirable crystalline silica exposure in Australian tunnel construction and its implications for understanding silica-related disease.
  • Drawing on the largest known dataset of contemporary Australian tunnelling exposures in NSW and QLD, examine exposure levels, the tasks and conditions that drive them, and the practical barriers and enablers of effective dust control
  • Explore the factors that can prevent respiratory protection from delivering its expected level of protection

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

2.00pm to 3.00pm Practical Update and Insight from the Dust Diseases Tribunal NSW

 

Hear directly from the Dust Diseases Tribunal NSW. This is a valuable opportunity to gain practical insight from the Bench into what practitioners should be alert to, and how to approach Tribunal work with greater confidence.

Presented by Her Honour Judge Wendy Strathdee, Dust Diseases Tribunal NSW, Daniel Watson, Registrar, Dust Diseases Tribunal NSW and Josephine Leicht, Deputy Registrar, Dust Diseases Tribunal NSW

10.00am to 11.00am Autoimmune Diseases

 

Autoimmune diseases are an emerging area of interest in dust disease claims, with ongoing research exploring whether exposure to substances such as silica may trigger or contribute to certain autoimmune conditions, raising complex medical and causation issues

  • Understand the growing body of evidence linking silica exposure with autoimmune diseases such as systemic sclerosis (scleroderma), rheumatoid arthritis, systemic lupus erythematosus
  • Examine the challenges of proving causation and the need for specialist assessment

Presented by Stephen Taylor-Jones, Partner at Moray & Agnew; Preeminent Dust Diseases Lawyers (Defendant) – New South Wales, Doyle’s Guide 2025

11.00am to 11.15am Morning Tea Break

Presenters

David Cormack, Barrister, David Cormack Barrister at Law
David comes from a background of having practised as a solicitor for ten years before being admitted as a barrister in 2003, initially as in-house counsel for WorkCover Queensland until 2009. David specialises in Personal Injuries and associated areas of Occupational Health and Safety, General Protection, Industrial and Employment Law. Apart from this collective, David practices in Mental Health Law (ECT's & Forensic Orders) and volunteers for a Restorative Justice initiative - the Sycamore Tree Project (taking crime survivors into prison). David contributes to the LexisNexis National Work Health and Safety Law subscription, provides a personal online subscription service and maintains an App "Injury Damages Calculator". David's interests include home produce (free range chooks and veggies), working towards aquaponics, kayaking and cycling.

Stephen Taylor-Jones, Partner, Moray & Agnew
Stephen Taylor-Jones leads the Moray & Agnew's highly regarded Dust Diseases and Toxic Tort national group. He is retained by employers' indemnity, public risk, and special risk insurers, uninsured and underinsured companies, and government corporations in all aspects of toxic tort claims. He has handled claims involving all types of asbestos, silica and other dust diseases and property damage cases. Stephen's in-depth litigation knowledge and experience has earned him a leading reputation internationally. He was the Australian lawyer retained to draft submissions and subsequently appear to instruct Counsel before the House of Lords on the comparative Australian legal position in the largest personal injury litigation pursued in the UK, resulting in a 5 billion saving to the UK asbestos insurance industry. On instructions from the Law Society of New South Wales, Stephen prepared the submission to the New South Wales Parliament in respect of legislation introducing the current protocol for litigating asbestos claims in the state and subsequently the submissions by the Society and a number of insurers as to amendments to that system. Stephen was appointed a Contributions Assessor by the Attorney General of New South Wales. In that quasi-judicial role he apportions contributions between defendants and cross defendants in asbestos cases. Stephen has acted in more than 1000 toxic tort cases, most involving complex contribution and recovery. He was named 'the client's choice in asbestos litigation' in Australasian Legal Business magazine, May 2009.

John Kinnane, Head of Legal, Workcover Queensland
John Kinnane is an Executive, Customer and Community Advisory at WorkCover Queensland. He is responsible for the strategic leadership of Customer and Community Advisory Services and also oversees premium management to ensure customers receive information and services in an efficient way. John holds a Bachelor of Laws and has over 28 years' experience working in the workers' compensation industry within various roles and has a strong understanding of statutory, common law and premium relate matters. In that time, he has developed strong relationships with customers, industry and stakeholder groups, through which he has gained a good understanding of the challenges facing different industries. John is passionate about providing an exceptional customer experience and assisting injured workers and employers achieve the very best return to work outcomes.

Andrew Dimsey, Barrister, Dever’s List
Andrew practises predominantly in plaintiff personal injury common law and statutory schemes. He has extensive experience across Victorian courts and tribunals in asbestos and chemical exposure, public liability, medical negligence, workers compensation, transport accident and institutional abuse. He appears frequently in the Supreme and County Courts, with extensive trial experience both led and unled. Andrew has been recognised by his peers as pre-eminent Insurance Law Counsel in the Doyle’s Guide for the last two years. Prior to coming to the Bar, Andrew was Principal of the National Asbestos and Public Liability practices of Maurice Blackburn Lawyers.

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
Josephine has over 20 years’ experience working in the Justice sector, holding management positions in Local Courts before joining the Dust Diseases Tribunal of NSW in 2021.

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
Daniel has over 25 years experience working in the Justice sector, holding senior positions in policy, law reform and as Hub Registrar/Registrar in Wollongong and the Sydney metropolitan areas. Daniel was appointed as Registrar of the Dust Diseases Tribunal of NSW in 2019 and has driven the introduction of new case management systems, digital and online capabilities to the Tribunal.

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.

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.


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.

Alex Schonell, Barrister, Jack Shand Chambers
Alex Schonell was called to the Bar in 2022. Previously, he was admitted as a solicitor in Queensland in 2017, working in class actions and acting for plaintiffs in workers compensation, institutional abuse, dust disease, motor vehicle accident, professional negligence and public liability claims. From 2017, Alex specialised in dust diseases litigation, acting for plaintiffs in all Australian jurisdictions. Alex holds a Bachelor of Arts, Master of Human Rights and Juris Doctor from the University of Sydney. He currently practices in all areas of law, with a particular focus on personal injury, family law, property damage, administrative law and professional negligence cases.

Rohan Phelps, Barrister, Lennon’s List
Rohan practices predominantly in common law with a particular focus on public liability, dust diseases, and insurance claims. He has appeared led and unled in County Court and Supreme Court matters, acting for both plaintiffs and defendants. In 2025, Rohan was recognised by Doyle’s Guide as recommended Insurance & Personal Injury Junior Counsel. Before coming to the Bar, Rohan worked as a Senior Associate in the General Insurance team at Wotton Kearney and as a solicitor at DLA Piper in the Litigation & Regulatory team. Rohan holds a Bachelor of Laws with honours from the University of Melbourne, as well as a Bachelor of Arts and an Associate Performance Diploma (Piano). Rohan read with Mr Daniel Wallis and his senior mentor is Ms Roisin Annesley KC.

Karina Davies, General Manager, Dust Diseases Care, iCare NSW

Will Brock, Special Counsel, DWF
Will is an experienced insurance litigation lawyer with a focus on dust disease claims involving asbestos and silica. He has also conducted and supervised general insurance litigation and defendant liability claims for various Australian and overseas insurers. Throughout his career Will has focused primarily on dust diseases litigation in the Queensland courts and the Dust Diseases Tribunal of New South Wales. He has had conduct of hundreds of dust claims on behalf of manufacturers and occupiers of contaminated premises. He is highly experienced in assessing liability and quantum, engaging experts, negotiating resolutions and preparing for trial.

Jacqueline Hughes, Principal Lawyer, Carter Hawkins Lawyers
Jacqueline Hughes is the Principal Lawyer dedicated exclusively to representing individuals affected by dust diseases. For almost a decade, Jacqueline has acted for clients diagnosed with all types of dust diseases including mesothelioma, lung cancer, COPD, emphysema, asbestosis, pleural plaques, silicosis and progressive massive fibrosis, as well as those living with autoimmune and connective tissue diseases including rheumatoid arthritis and lupus. Jacqueline has extensive experience pursuing dust diseases claims across all Australian jurisdictions, with particular expertise in New South Wales, Queensland and Commonwealth compensation schemes. She acts in both workers compensation and common law claims, guiding clients with clarity, compassion and determination. Driven by a strong sense of justice, she is a fierce advocate who consistently goes above and beyond for her clients and their families. Her practice exemplifies the values of the firm’s namesakes, Bob Carter and Paul Hawkins, built on hard work, strength and resilience — and reflects a deep and enduring commitment to achieving fair and just outcomes for every client she represents. Beyond representing her clients in court, Jacqueline has been involved in legislative drafting, research initiatives and engagement with victims’ support groups, demonstrating her commitment not only to her clients, but to the broader advancement of rights for those affected by dust diseases.

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Dust Diseases Litigation 2026: Emerging Claims, Evidence and Risks

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Thursday, 10 September 2026
9.00am to 5.15pm Australia/Sydney
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Morning Session
Thursday, 10 September 2026
9.00am to 1.15pm Australia/Sydney
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Afternoon Session
Thursday, 10 September 2026
4.15pm to 5.15pm Australia/Sydney
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Thursday, 10 September 2026
2.00pm to 4.00pm Australia/Sydney
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Thursday, 10 September 2026
2.00pm to 4.00pm Australia/Sydney
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Thursday, 10 September 2026
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