Different states and territories in Australia have different laws regulating dust diseases and seeking appropriate legal advice is imperative. Some states such as South Australia and Queensland require compensation claims to be brought in the District Court. In New South Wales there is a specialist tribunal which has been established to hear all common law dust disease cases.

A lawyer can help both defendants and plaintiffs who are involved with the Dust Diseases Tribunal.

A lawyer can:

• advise you about your case and the prospects of success in a tribunal; and
• help fill in the appropriate forms and prepare the evidence folder for the case.

Before the tribunal can hear a claim all parties must undertake a ‘claims resolution process.’ A lawyer can help negotiate a settlement on your behalf outside of the tribunal.

A lawyer can also help the defendant to prepare a reply to the plaintiff’s case and represent them during the ‘claims resolution process’ which is designed to achieve a settlement outside the tribunal.

While legal representation is not necessary for a person bringing a claim before the Dust Diseases Board it is always a good idea to seek legal advice before proceeding. The forms and the application process can be complicated and you may require the assistance of an expert to ensure a smooth process.

Most law firms specialising in dust disease claims offer a ‘no win no fee’ policy and their staff are compassionate to individual client circumstances. Many lawyers also agree to work on a pro bono basis meaning they do not charge for their professional services. You will need to ask your lawyer whether they offer a service such as this for victims of dust diseases.