Asbestos Claims and Litigation

20th September, 2017
Melbourne, Australia

OverviewOutlineCourse LeaderRegisterFee & VenueContact


The Asbestos: Claims and Litigation course aims to provide cutting-edge solutions to the business owners to mitigate and tackle the Claims and litigation risks arising out of the exposure to fatal Asbestos. The course will also serve as a platform to guide you through the most disputed aspects involved in dealing with asbestos, which include– legislative reforms, illegal importation of asbestos, management and control of asbestos in workplace, asbestos liability and litigation, regulations to deal with naturally occurring asbestos, safe removal and disposal of asbestos, and the current state of asbestos in Australia. This Course has been designed to provide you with strategic advice, critical insights, and comprehensive updates on Asbestos Claims and Litigations.

Learning Objectives

  • Comprehending legal responsibilities for finding, identifying, and dealing with asbestos
  • Know about latest developments in asbestos litigation
  • Government benefits available to people diagnosed with an asbestos-related disease
  • Techniques used for safe removal and disposal of asbestos
  • Understanding about asbestos litigation and its implications on the construction industry
  • What are the dimensions of the litigation?
  • Punitive damages in asbestos litigation

Part A(Legal) Andrew Douglas

Part A takes you through the underpinning law that applies to asbestos management


  • The Rise and Fall of Asbestos
  • Why asbestos still exists in Australia?
  • Risk of Exposure to Asbestos-related Diseases: Mesothelioma, Asbestosis and Other Diseases
  • Traditional vs. Nontraditional Defendants: Who is at Risk Now?
  • Asbestos Litigation and Its Implications on the Construction Industry
  • Case Law and Legislative Update: New Developments in Asbestos Litigation
  • The Future of Asbestos Litigation: Will the Current Trend Continue?


  • Workcover Authority, Workplace Health and Safety, WorkSafe ACT–Whom to contact about asbestos issues?
  • How to comply with Work Health and Safety laws, Report a workplace incident, Renew or apply for licenses, Asbestos Register Provision?


  • Asbestos Diseases Compensation Act 2008
  • Covering provisional damages for asbestos-related conditions
  • Which workers file the most compensation claims?
  • Which policies under the WHS Act can help improve work health and safety and workers’ compensation arrangements across Australia?
  • What additional compensation can a company face for asbestosis victims? Bernie Banton Law
  • Compensating the victims for loss of income – the Wrongs Act
  • How much should the ‘Third Wave’ Victims be compensated?
  • Case Reference – James Hardie Experience


  • Employer Liability and Viability of Workers’ Compensation Exclusivity
  • Premises Liability
  • Bystander and Secondhand Exposure
  • Types of claims, extent of asbestos claims—What are the Dimensions of the Litigation?
  • How do companies manage their potential asbestos liabilities when facing claims? Are such claims insured?
  • What is the scope for asbestos-related industrial disease claims?

IMPORTATION – Repercussions of Illegal Importation of Asbestos

  • How the importation of asbestos is regulated at the Australian border?
  • What businesses must do to ensure the products they are importing do not contain asbestos? What to do in case of inadvertent import of asbestos containing material?
  • What evidence can Australian importers ask for to ensure imported materials do not contain asbestos?
  • Recent cases of illegal importation of Asbestos


  • How to regulate risks and threats posed by naturally occurring asbestos exposed during mining processes?—Mining and Quarrying Safety and Health Regulation 2001


  • What are the guidelines for safe disposal of asbestos wastes?
  • How to regulate the transportation of Asbestos waste; the licensing of disposal facilities; and remediation of contaminated land—Environmental Protection (Waste Management) Regulation 2000
  • How to develop and maintain an operations and maintenance program for the management of asbestos-containing materials in buildings?


  • The guidelines to follow for reducing exposure of employees at the workplace—The Occupational Health and Safety Act 2004 and Regulations
  • How to undertake demolition of buildings and structures which contain asbestos–Following the Building Act 1975

Part B

PM Part B: Practical Asbestos Management—Gary Rowe

Part B is a practical guide to managing asbestos

How to Manage Asbestos

  • Regulation requirements for day-to-day management of asbestos
  • Codes of practice and standards
  • Enforcement practices of state authorities
  • Current infrastructure and sources of asbestos
  • Identification of asbestos
  • Site asbestos registers
  • Practical controls of insitu asbestos
  • Periodic inspections
  • When is airborne monitoring required
  • Asbestos risk management programs & manuals
  • Asbestos removalists

Questions & discussion

  Course Leader

Our course leader is a Principal at Macpherson Kelley and National Practice Group Head of the Workplace Relations team. He is a highly sought after Workplace professional within Australia, New Zealand and Asia and his proactive approach to understanding ever changing Employment, IR and OHS laws ensures his clients are always one step ahead of their competition. Working with a number of employers, He builds well being programs that improve employee health and productivity whilst reducing worker’s compensation premiums. He is also a skilled author and seasoned speaker across Australia, New Zealand and throughout Asia and he works with clients to build workplace law competency through a range of bespoke training programs on a range of topics including industrial relations, equal opportunity, OHS, privacy, social media, surveillance and workers’ compensation.

He has been commissioned by the WA Law Reform Commission to report on Provisional Damages and Damages for Gratuitous Services (copy Report attached) and work with asbestos related issues for manufactures, builders and developers and property management with OHS and Environmental Regulators.

Our course leader is CEO of Safety Action Pty Ltd and has over 25 years experience in safety and risk management, including professional management of asbestos in the workplace.

His key specialties include: asbestos management, contractor management, risk assessments, independent investigations and audits. Other areas of expertise include coaching executive teams and governance committees in risk management and safety leadership. He has presented on workplace safety subjects at numerous conferences both locally and overseas, and led a world-wide project on plant safety for two multi-national manufacturers between 2009 and 2012. Risk assessments were conducted in 12 countries including; Germany, France, Spain, Italy, UK, US, Pakistan, Japan, India and Mexico. He has previous served as Deputy General Manager at Richard Oliver Risk Managers, OHS Manager for National Safety Council of Australia, Safety Co-ordinator for Swinburne University, Safety Engineer for the Department of Agriculture, Structural Engineer and mathematics teacher.

Our course leader has conducted asbestos surveys in Australia and Malaysia, prepared asbestos management plans and manuals for various clients, facility management plans for businesses with large quantities of asbestos materials spread through a large number of older buildings and structures.  He holds a Bachelor of Engineering (civil) degree, is Graduate Diploma in Education and a Graduate Diploma in Occupational Hazard Management (Ballarat).

Professional memberships and ratings include; Fellow of Institution of Engineers Australia, Certified Practising Risk Manager with the Risk Management Institute of Australia, member of the Australian Institute of Company Directors, and Fellow of the Safety Institute of Australia (SIA).


Click to Register

Register 3 Send 4th One Free

Register 3 Send 4th One Free Any organization wishing to send multiple attendees to this course may send 1 FREE for every 3 participants registered. Please note that all the 3 participants must register at the same time to avail this benefit.

Early Bird Registration Price: AUD 699
(Pay Before 06/09/2017)

Usual Price: AUD 799

Note: All payments are made in Australian Dollars.
Registration fee only covers cost of all sessions, luncheon, coffee/tea & presentations. Fee does NOT include any travel or accommodation expenses. Fee is not inclusive of 8% Admin/Bank Charges.


Mercure Melbourne Treasury Gardens
Address: 13 Spring St, Melbourne VIC 3000, Australia
Phone: +61 3 9205 9999

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