Our highly-regarded Dust & Toxic Tort team handles complex claims on behalf of Australia’s major insurers, international insurers, government bodies, self-insured corporations and partially and uninsured companies.
We’ve acted in thousands of Dust & Toxic Tort claims in all Australian courts and tribunals. Our lawyers have extensive experience in claims relating to exposure to dusts, fumes and toxic substances, including asbestos, silica (from both natural and engineered stone), coal dust, pot room fumes, aluminium fumes, moulds, flour dust, hexavalent chromium, welding fumes, hard metal dusts and fumes, latex particles and wood dust.
EXPERIENCE & EXPERTISE
Dust & Toxic Tort claims often involve unusual scientific and medical issues relating to liability and causation. Our team brings together direct experience across both the legal and scientific fields to meet this challenge.
Offering local and national strategic advice and efficient litigation management, our service covers:
- Acting in courts and tribunals in all Australian jurisdictions
- Advising on legislative, jurisdictional and procedural issues
- Advising on cases involving multiple exposures in different states, territories and countries and contribution and choice of law issues
- Tactical assessment of preferable forums
- Advising on admissibility of expert evidence
- Advising on the application of insurance policies to ‘slow onset’ and latent conditions
- Dealing with exaggerated and fraudulent claims
- Providing strategic advice across portfolios, including identifying test cases
- Advising on minimisation of reputational harm.
STANDOUT SERVICE & RESULTS
We have an enviable track record in this area and represent several iconic Australian companies nationally.
The majority of matters we handle settle on a compromised basis following the proactive involvement of the team. More than 95% of cases are settled prior to trial, and many are resolved within 90 days.
As market leaders on a national level, we are involved in high profile work, including:
- Identifying and litigating ‘test cases’ to determine issues of strategic importance across a portfolio
- Appearing in State Appellate and High Court cases in this field
- Assisting international insurers in the preparation of test cases heard in UK courts at trial and appellate level.
Are you looking for market-leading legal experience and expertise?
Email our team direct at insurance@moray.com.au or click below.
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