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Dust Diseases Litigation: Forum, Evidence and Entitlement

Dust diseases claims frequently cross jurisdictional boundaries, raising complex questions about forum, applicable law, workers’ compensation entitlements and litigation strategy. Join together with leading dust diseases practitioners to examine cross-border exposures and forum selection, deemed occupational diseases across Australia’s workers’ compensation scheme and the implications of the Bennett appeal. Gain practical guidance on evidentiary issues, damages, statutory thresholds and strategic considerations, while staying across key developments shaping dust diseases litigation.

Monday, 15 March 2027
Description

Attend and earn 3 CPD Units in Substantive Law
This program is applicable to practitioners from all States & Territories

2.00pm to 3.00pm The Forum Matters: Navigating Cross-Border Exposures
  • Identifying the appropriate forum
  • Conflict of laws
  • Cross-vesting
  • State by State thresholds at common law
  • Damages and caps
  • Strategic considerations for practitioners
  • Practical case studies

Presented by Emily Archer, Victorian Bar Reader, Greens List Barristers; Recommended Asbestos & Dust Diseases Compensation Lawyer (Plaintiff) Doyle’s Guide 2026 and Luke Perilli, Barrister, Green List Barristers

4.00pm to 4.15pm Break
3.00pm to 4.00pm From Exposure to Entitlement: A National Overview of Deemed Occupational Diseases
  • Explore the purpose and policy behind deemed occupational disease provisions
  • Compare approaches across Australia’s 11 main workers’ compensation schemes, including the treatment of occupational exposure, causation and entitlement
  • Practical guidance on evidentiary issues for practitioners navigating deemed occupational disease provisions
  • Emerging occupational disease risks and the future direction of deemed disease frameworks in Australia

Presented by Claire Gomo, Principal, Wotton Kearney; Recommended Dust Diseases Lawyer (Defendant) Doyle’s Guide 2026

4.15pm to 5.15pm Bennett on Appeal

Explore the outcome, the Court’s reasoning and the practical implications for future abuse litigation

Presented by Jonathan Walsh, Principal Lawyer, Maurice Blackburn Lawyers; Leading Asbestos & Dust Diseases Compensation Lawyer (Plaintiff), Doyle’s Guide 2026

Chair:

Joanne Wade, Head of National Asbestos and Dust Diseases, Slater and Gordon Lawyers; Preeminent – Leading Asbestos & Dust Disease Compensation Lawyers (Plaintiff), New South Wales, Doyle's Guide 2026; Preeminent – Leading Asbestos & Dust Diseases Compensation Lawyers (Plaintiff), Australia, Doyle's Guide 2026

Presenters

Joanne Wade, Head of National Asbestos and Dust Diseases, Slater & Gordon Lawyers
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.

Jonathan Walsh, Principal Lawyer, Maurice Blackburn Lawyers
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.

Emily Archer, Victorian Bar Reader, Greens List Barristers
Emily is a Legal Counsel 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.

Claire Gomo, Principal, Wotton Kearney
Claire is a highly experienced insurance lawyer, and is recognised as a specialist in all areas of injury and liability law. She has significant experience across jurisdictions in personal injuries, workers’ compensation, public and products liability, occupiers’ liability and latent matters, including abuse claims. With a special focus on complex dust and occupational disease litigation, Claire has solidified her position as a leading dust diseases lawyer, defending employers, occupiers, and asbestos and silica product manufacturers. Claire is also highly proficient in subrogated actions and recoveries, and leads a team that conducts complex and high-volume property damage recovery claims across all Australian jurisdictions. Claire is known for her ability to cut through legal and factual complexity, manage competing stakeholder interests and deliver commercially sound outcomes.

Luke Perilli, Barrister, Green List Barristers
Luke is a common law barrister, practising predominantly in personal injuries and insurance law. He also accepts briefs in occupational health and safety matters, professional negligence and commercial law. Luke has extensive experience managing both common law and statutory benefits claims in all areas of personal injuries. As a solicitor, Luke has appeared in all Victorian Courts, including mentions, directions hearings, and at a wide range of interlocutory applications such as speedy trial applications and nunc pro tunc applications. Luke also appeared on behalf of plaintiffs at informal settlement conferences and pre-trial conferences. Before coming to the Bar, Luke was an Associate at Maurice Blackburn Lawyers in the Dust diseases team. During this time, he pursued claims and litigated on behalf of individuals who suffered from asbestos, dust and occupational related diseases in all Victorian Courts. Luke specialised in the pursuit of complex toxic tort claims under varying pieces of worker’s compensation legislation for exposure before and after 31 August 1985. Notably, he acted on behalf of many workers suffering from silica-related diseases including silicosis and scleroderma, in addition to other work-related illnesses. Luke also pursued various common law and statutory Dependency and Estate claims. Prior to this, Luke was a solicitor at Shine Lawyers where he practised in WorkCover, Transport Accident Commission and Public Liability matters. He gained experience in statutory benefits disputes, Serious Injury applications, Medical Panel referrals, mediations and damages trials. Luke completed his traineeship at Nowicki Carbone Lawyers, where he worked across all areas of personal injuries, including superannuation insurance.

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Dust Diseases Litigation: Forum, Evidence and Entitlement

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Single Session
Monday, 15 March 2027
2.00pm to 5.15pm Australia/Sydney
CPD Points 3
$420.00
Online 20261111 20270315

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