Changes to the Civil Law (Wrongs) Act 2002 announced

Attorney-General Simon Corbell has announced changes to the Civil Law (Wrongs) Act 2002 that will now permit a court to make an award of general damages to the estate of a person injured as a result of asbestos.

"The amendments, passed in the Legislative Assembly as part of the Justice and Community Safety Legislation Amendment Act 2007, now gives ACT Courts the power to award damages for injuries caused by exposure to asbestos, where the person dies after a claim is made, but before an award is made," Corbell said.

"The types of damages that can be awarded are for pain or suffering, or for any bodily or mental harm suffered, or for loss of expectation of life. Until now the law excluded the awarding of these particular types of damages. Where a claimant dies prior to judgment being given, their claim for general damages ceases without any benefit to their estate. This leaves the relatives of the person who has died to seek compensation, which in some circumstances, can lead to only modest damages being awarded."

In Australia, the number of cases of asbestos-related diseases is continuing to rise. Australia has one of the highest rates of mesothelioma in the world, with up to 600 mesothelioma cases diagnosed each year.

Experts estimate that by 2020 there will be 13,000 cases of mesothelioma and up to 40,000 cases of asbestos-related lung cancer.

"The law caused significant additional anxiety and expense for those who choose to pursue an action in the hope that an award is made before death," said Corbell.

"In one case in the ACT, the final hearing of the court occurred at the claimant's deathbed, a circumstance which would have been both intrusive and distressing to all concerned."