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Bernie Banton Case Summary

752 Words4 Pages

This test case of Bernie Banton and his case against James Hardie impacted not only individuals concerned about the issue but bigger groups such as the government and businesses. Those who have suffered from asbestos related illnesses and their family are encouraging for a new legislation to be passed, as it would allow plaintiffs to claim for damages within 12 months. The 12 month period is necessary as many people find out they have been a victim of asbestos related disease once they have passed away. The changes in the law have been successful in Victoria, Western and South Australia. Bernie Banton test case was a turning point for those who have been suffering from asbestos related disease so they too can launch their cases against companies responsible such as Amaca Pty Ltd. Banton case later became a test case for …show more content…

The current law for asbestos related illness is that Prior to the test case of Bernie Banton the laws weren’t so friendly for those who were victims. The laws stated that the individual suffering from Asbestos related illness can only claim once for damages, which meant that if in the future they were diagnosed with asbestos related sickness they cannot pursue for further compensation. With this law it disadvantaged many victims suffering from asbestos first hand and those who were in relation to the victims. It prevented many people from taking legal actions because they could only claim once and if there was a further impact nothing could be done. If there were any further effects, since they had no right to compensate further it may people would have difficulty going on with their lives with all the hospital bills, general home bills, and added debit. Premier John Brumby staid that the asbestos illness needed a “different legal approach” and that the new laws were appropriate. Now that additional claims are allowed it was expected to cost over $85 million over the period of 20-40 years. The new laws are expected to help over 50 people a

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