Many people know that James Hardie was one of the leading
suppliers of asbestos for many years. While James Hardie is still a
publicly listed company, its asbestos liabilities were the subject
of an agreement with the NSW Government in 2006 whereby James
Hardie funded a new trust which would pay compensation for asbestos
claims. For that purpose, the old James Hardie entity is now known
as Amaca Pty Ltd.
The structure by which the agreement was achieved was quite
complicated, with some of the complexities illustrated by the
recent Court of Appeal decision of Talifero v Asbestos Injuries
Compensation Fund [2018] NSWCA 227.
Mr Talifero brought proceedings against Amaca as a result of
contracting mesothelioma from James Hardie asbestos cement
products. He had also suffered asbestos exposure while serving in
the Royal Navy in England, but chose not to sue the British
Government or its Navy.
