Dust Diseases Claims Update

An annual must-attend. Dust disease is exploding. Obtain a comprehensive roundup of everything new and important in dust diseases, covering medical and legal updates on the current state of play of claims involving asbestosis, silicosis and mesothelioma. Take a deep dive into assessment of damages, an exploration of the impact of the claimant being an aging carer plus hear from a leading dust diseases lawyer providing up to date information on asbestos litigation in the UK. 

Friday, 15 September 2023
3.00pm to 4.00pm The Aging Claimant as Carer for their Spouse: What You Need to Know about Diseases of Ageing
  • Exploring how diseases of aging impacts your client and underpins legal arguments
  • Understanding dementia
    • what it means and the average life expectancies
    • when to refer a client for assessment by a geriatrician and what information to obtain from the client to provide to the geriatrician when requesting an evaluation
  • Practical guidance on how frailty, institutionalisation and capacity impact your client

Presented by Dr Mark Hohenberg, Geriatrician, Salus Clinic

10.20am to 11.10am Silicosis and Silica Related Lung Disease Claims: Court Systems and Compensation Options in Australia
  • Silicosis: statistics and case studies
  • Government response to silica and silicosis
  • Compensation entitlements: workers compensation claims and common law claims

Presented by Joanne Wade, Head of National Asbestos and Dust Diseases, Slater & Gordon; Accredited Specialist in Personal Injury Law; Recommended Asbestos & Dust Diseases Compensation Lawyers (Plaintiff), 2022, Doyles Guide

4.15pm to 5.15pm International Perspective: UK Asbestos Claims for Australian Residents
  • The background and use of asbestos in England
  • The ‘waves’ of claimants and current picture
  • Compensable diseases
  • Time limits
  • Breach of duty & causation
  • Medical evidence and the UK Coroner’s court
  • Quantum and UK state benefits
  • Costs recovery

Presented by Daniel Easton, Partner and Kevin Johnson, Partner, Leigh Day, United Kingdom

11.25am to 12.15pm Panel Discussion: Asbestos Case Roundup

Canvas relevant case law focusing on issues discussed in recent and significant asbestos cases including disputes relating to issues of foreseeability and breach of duty.
Panel includes:
Tanya Segelov, Partner, Segelov Taylor, Preeminent Asbestos & Dust Disease Compensation Lawyers (Plaintiff), Doyles Guide 2022
Marissa Brock, Special Counsel, DWF; Recommended Dust Diseases Lawyers (Defendant), Doyles Guide 2022
John Gordon, Barrister, Lennon’s List  

Session 2: Dust Diseases Claim: The International Perspective and Assessment of Damages
12.15pm to 1.15pm Vicarious Trauma, Your Practice and Mental Wellbeing

As a lawyer working in this area, you confront people dying, you read medical records about dying, and work with people who lose everything. This cohort of claimants will not get better, ever. So, take this opportunity to work with a mental health professional to understand vicarious trauma, it’s impact on you.
Presented by Robyn Bradey, Mental Health Accredited Social Worker, RB Counselling & Consultancy Services

Session 1: Silicosis and Asbestos: Update on the Law and Medicine

Chair: Bree Knoester, Principal Lawyer, Brave Legal; Leading Asbestos & Dust Diseases Compensation Lawyers (Plaintiff), Doyles Guide 2022, Leading Work Injury Compensation Lawyers (Plaintiff), Doyles Guide 2022

Professional Skills
9.00am to 10.20am Developments in the Treatment of Silicosis
  • How does artificial stone silicosis differ to silicosis caused by natural sources of silica?
  • Artificial stone silicosis in Victoria, what have we learnt over the last 4 years?
  • What are the current and emerging treatments for silicosis?

Presented by Dr Hayley Barnes, Respiratory Physician, Dr Ryan Hoy, MB BS FRACP MOccEnvHlth Respiratory and Sleep Disorders Physician, Alfred Hospital

2.00pm to 3.00pm Sullivan and Gordon Damages: Case Review
  • Sullivan and Gordon damages awards in the Dust Diseases Tribunal in 2020 and following; approaches to the assessment
  • Approaches outside the Dust Diseases Tribunal to assessing damages for Sullivan v Gordon
  • Interaction with loss of dependency claims
  • Other recent cases of significance

Facilitated by
Lian Chami, Partner, Turks Legal
Panel includes:
Tanya Segelov, Partner, Segelov Taylor
Andrew Dimsey, Barrister, Dever’s List, Preeminent Insurance & Personal Injury Law Junior Counsel, Doyles Guide 2022

Description

Attend and earn 7 CPD units including:
4 units in Substantive Law
1 unit in Practice Management & Business Skills
2 units in Professional Skills

This program is applicable to practitioners from all States & Territories

11.10am to 11.25am Morning break
4.00pm to 4.15pm Afternoon break

Presenters


Ms. Bree Knoester, Principal Lawyer, Brave Legal
Bree Knoester is the founder of Brave Legal and one of Australia’s leading personal injury lawyers. Bree has practiced for over 18 years as both a barrister and solicitor; and has represented clients in some of Victoria’s largest compensation settlements. Bree prides herself on being an empathetic yet tenacious lawyer, possessing a deep understanding of the law and a fearless approach to representing her clients’ interests. Most importantly, Bree understands that being injured affects almost every part of your life and having the support of an understanding, compassionate and experienced legal team is essential to achieving the best possible outcome – for your case, and for you. In recognition of her experience and exceptional client results, Bree has won numerous industry awards including ‘Lawyer of the Year’ in Personal Injury Litigation (Best Lawyers® in Australia 2020), Preeminent practitioner – Asbestos & Dust Diseases Compensation (Doyle’s Guide 2020), Preeminent practitioner - Work Injury Compensation (2020), and Partner of the Year Finalist - Litigation (Lawyer's Weekly 2019). As one of Victoria’s most experienced personal injury lawyers, Bree is regularly approached by the media for commentary on high-profile cases and as a spokesperson for the most seriously injured.


Dr. Ryan Hoy, Respiratory and Sleep Disorders Physician, Cabrini Malvern
Dr Hoy is a respiratory and sleep disorders physician providing care to patients with general respiratory and sleep conditions. He offers diagnostic services including lung function testing, sleep studies and bronchoscopies and provide inpatient care at Cabrini Malvern. His special interest areas include work-related respiratory conditions, such as occupational asthma & asbestos-related lung disease, COPD (emphysema and chronic bronchitis), sleep apnoea and snoring, asthma and hay fever (allergic rhinitis)


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.


Ms. 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.


Ms. Tanya Segelov, Partner, Segelov Taylor
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.


Ms. Marissa Brock, Special Counsel, DWF
Marissa has 14 years' experience in defence of dust disease and personal injury claims as well as plaintiff and defendant debt recovery and insurance litigation claims including property damage, negligence and motor vehicle accidents. Marissa holds a Masters of Law (majoring in Health Law) from Queensland University of Technology. Marissa works for a number of large clients in relation to Queensland and New South Wales based personal injury, insurance and recovery claims. She provides thorough and often complex advices in relation to issues of liability, apportionment, causation, foreseeability and the assessment of damages. She has appeared as an advocate and instructing solicitor in the Queensland Supreme, District and Magistrate Courts and has frequently attended the Dust Diseases Tribunal of New South Wales for hearings and trials. Marissa has also instructed Counsel on matters which advanced before the High Court of Australia.


Mr. John Gordon, Barrister, Lennon’s List
John has appeared as counsel in many important asbestos disease claims in the Supreme Court of Victoria and the Supreme Court of WA and in the Courts of Appeal and High Court. He has appeared in claims for former employees of the Commonwealth and Commonwealth entities in the State Supreme Courts, appellate courts and the Federal Court and High Court, seeking Commonwealth Superannuation entitlements which they were denied during their employment, including Cornwell v Commonwealth (2007) HCA 16, (2007) 229 CLR 519 and Innes v AAL (2017) GCGCA 202. He was junior counsel in the tobacco claim by Rolah McCabe v British American Tobacco (2002) VSC 73. He has appeared in and advised on important cases involving private international law, choice of law and conflict of laws including Puttick v Tenon (2008) HCA 54; (2008) 238 CLR 265, Vale v Daumeke (2015) VSC 342 and Rowe v Grunenthal (2011) VSC 657. He has appeared in class actions including the tobacco and thalidomide actions and the thalidomide claim of Lynette Rowee v Diageo and Grunenthal. He continues to act in asbestos disease claims and is presently advising, and appearing for, survivors of institutional childhood sexual abuse in Victoria and WA. Prior to coming to the bar, John worked st Slater & Gordon, including in the Wittenoom asbestos test cases, the CSR group settlement and the James Hardie claims; in Settlement of the WA medically acquired HIV claims; in institutional sex abuse claims; and from 1994 to 1996 in the successful environmental damages claims against BHP arising from the PNG OK Tedi Gold and Copper Mine.


Ms. Robyn Bradey, Mental Health Accredited Social Worker, RB Counselling & Consultancy Services
Robyn Bradey (B.Soc.Stud. SYD.) Is a Mental Health Accredited Social Worker with 43 years’ experience, 32 of those in private practice. She has been a youth worker, a hospital social worker, and an administrator. She offers professional supervision to a wide range of health, welfare and legal workers. She has been a counsellor, specialising in loss, grief, trauma, work related stress and injury. Since 2008, she has specialised in training consulting and supporting the legal profession in Australia, New Zealand and the UK, She is currently working as a consultant and trainer for the Federal Court of Australia, Federal Circuit and FL Court, the UK Bar and Inns of Court, NZ Te Kura Kaiwhakawa Institute of Judicial Studies, NZ Privacy Commission, NZ Ombudsman, NZ Law Society, Legal Aid, NSW Community Legal Services, The Bar Association of NSW, the Law Society of NSW, the NSW and Commonwealth DPP, NSW and Commonwealth Ombudsman, Knowmore, Australian Red Cross, and a large number of other agencies and organisations.


Ms. Lian Chami, Partner, Turks Legal
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.


Ms. Tanya Segelov, Partner, Segelov Taylor
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.


Mr. Andrew Dimsey, Barrister, Dever’s List
Andrew practises predominantly in plaintiff personal injury common law and statutory schemes. He has extensive experience across all 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.


Dr. Mark Hohenberg, Geriatrician, Salus Clinic
Mark is an established expert geriatrician providing clinical services in the South of Sydney and supports patients around domestically and internationally, providing cutting edge and contemporary aged care medical practice to support ageing well and promoting independence. Mark provides medicolegal opinions relating to ageing claimants in compensation, civil and criminal cases and works closely with legal colleagues to ensure medical opinions are grounded in facts to support legal arguments. Mark is sharing his knowledge about what we need to know about diseases affecting the ageing claimant.


Mr. Daniel Easton, Partner, Leigh Day
Daniel Easton is joint head of Leigh Day’s Personal Injury Department. He deals with complex personal injury claims, specialising in industrial disease claims and catastrophic injuries. Daniel began to focus his practice exclusively on claimant personal injury claims whilst undertaking his training and since joining Leigh Day in 2003 he has developed a particular interest in claims for mesothelioma / asbestos and other industrial diseases. He became a partner at Leigh Day in 2008 and jointly heads the and the Industrial Disease Team within the personal injury department. Daniel is on the Executive Committee for the Association of Personal Injury Lawyers and a member of the Australian Lawyers Alliance. He has written numerous articles for journals and publications and regularly gives lectures at professional training courses. He is a recognised expert on asbestos disease cases and previously acted as Secretary and later Co-ordinator of APIL's Occupational Health Special Interest Group. He is frequently instructed in urgent cases for asbestos victims with limited life expectancy and acts for claimants living all over the world who bring claims in the English High Court. He has specialised in cases for Australian residents (exposed to asbestos in England) for over 15 years.


Ms. Lian Chami, Partner, Turks Legal
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.


Mr. Kevin Johnson, Partner, Leigh Day
Kevin manages Leigh Day’s office in Liverpool, UK. He exclusively works for asbestos sufferers and has specialised in this area since 1999. He has been acting for UK expats with asbestos related illness for over 20 years and brought many successful claims in England for clients living in Australia, New Zealand, USA, South Africa, etc. He regularly chairs/lectures on professional training courses in the UK on asbestos litigation issues. He is a member of the Australian Lawyers Alliance and has spoken at previous ALA national conferences. He has been involved in many of the UK leading test cases including Fairchild v Glenhaven Funeral Services Limited and Others [2002] UKHL 22 and Barker v Corus UK Plc [2006] UKHL 20. Kevin is a Fellow of the Association of Personal Injury Lawyers and holds specialist asbestos accreditation and acts as an APIL assessor. He is currently the Joint Co-Ordinator of APIL’s Occupational Health Special Interest group. He also sits on the Oversight Committee of the Diffuse Mesothelioma Payment Scheme and represents mesothelioma sufferers.

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Dust Diseases Claims Update

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