How to lodge an asbestos related claim

To begin an asbestos-related claim, applicants must complete and file the Statement of Claim form online, by post or in person at the Tribunal Registry, together with the filing fee. The plaintiff must then serve the claim on the other parties.

Next, The Plaintiff’s Statement of Particulars form must also be completed and filed online, by post or in person at the Tribunal Registry, together with a UCPR Form 1 cover page. The plaintiff must then serve the form on all other parties.

In response to the claim, the Defendant is to complete and file a Defendant’s Reply form together with a completed UCPR Form 1 cover page online, by post or in person at the Tribunal Registry. The defendant must then serve the Reply on all other parties to the claim.

Forms

Statement of Claim (UCPR Form 3A or 3B)

Plaintiff’s Statement of Particulars (Form 1 in Schedule 2 of the Regulation) (DOC , 72.0 KB)

Defendant’s Reply (Form 2 in Schedule 2 of the Regulation) (DOC , 158 KB)

These forms can also be filed online. See: How to file online

When the claim is finalised, each party must complete the Claims Information form and file by post or in person at the Tribunal Registry.

Claims Information (Form 3 in Schedule 3 of the Regulation) (DOC , 47.5 KB).

Advice to Practitioners No. 2 of 2013 - Urgent Statements of Claim (DOC , 85.0 KB), may apply when the Plaintiff is gravely ill.

Note: In accordance with rule 7.3 of the Uniform Civil Procedure Rules 2005, where a party is not represented by a legal practitioner, leave of the court must be granted before a subpoena can be issued.

For more information on what to expect when making an asbestos related claim, please refer to Example of proceedings for an asbestos-related claim.

Please refer to the Dust Diseases Tribunal Regulation 2019 and associated legislation for more form related information.