Bradford Insulation Industries Pty Limited &
Anor v Babcock Australia Pty Limited & Ors
[2011] NSWCA 117
The validity and scope of Division 6 'new cross claims'
under the Claims Resolution Procedure in the Dust Diseases
Tribunal of NSW ('DDT') were upheld in
this recent NSW Court of Appeal judgment. Moray & Agnew acted
for the successful respondent.
Background
Claims for asbestos related injuries brought in the DDT must
proceed through the Claims Resolution Procedure
('CRP') under Part 4 Dust Diseases
Tribunal Regulation 2007 ('the
Regulation').
The CRP involves information exchange between the parties,
mediation, and a 'rough and ready' non binding
determination of apportionment of liability amongst the defendants
and cross-defendants. That determination of apportionment is
undertaken by a Contribution Assessor based upon certain
presumptions about the parties' responsibility and culpability
for a plaintiff's asbestos exposure.
