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ARTICLE · 04 FEBRUARY 2013

We need a no-fault asbestos claim scheme

The appropriate way to a just, quick and cheap resolution of asbestos-related claims is a no-fault compensation scheme.

AustraliaLitigation, Mediation & Arbitration

In brief - Current legal system not ideal for dealing with asbestos claims

Various initiatives have highlighted the need to guard against unwitting exposure to asbestos but more thought needs to be given to how best to compensate those already affected. The current legal system, which requires asbestos victims to prove their claims through adversarial court processes, is not the best way to deliver compensation.

Proving negligence can be difficult and defendant may not be solvent

Compensation to sufferers of asbestos disease usually results from an allocation of liability based on the negligence of employers, product suppliers or occupiers of sites where asbestos has been used. When the asbestos exposure takes place decades ago, being able to attribute fault based on negligence is often difficult.

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