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Compensation Claims to outlive victims 3 Nov 2005

The changes would bring Tasmania into line with other Australian states, where the families of victims of dust-related diseases, such as asbestosis and mesothelioma, can sue even after the death of a loved one, according to Attorney General Judy Jackson.

“In the case of both asbestosis and mesothelioma for example, these diseases can progress very quickly after diagnosis”, said Ms Jackson.

“This is despite the fact that it may have taken many years for symptoms to become evident. In this respect, the law as it stands potentially disadvantages those Tasmanians who suffer from a latent dust-related disease that may have been negligently caused, where the plaintiff dies before finalisation of the claim.”

Ms Jackson said the amendment would also remove the potential for defendants to drag out legal proceedings unnecessarily.

“We want to make sure that the victims of dust-related diseases and their families get a fair go and ensure that all Tasmanians have equal access to justice”, said Ms Jackson.

 
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