Case types and how they are prioritised

The Dust Diseases Tribunal of NSW is a Court that has exclusive jurisdiction to hear and determine damages claims from people who have been affected by dust diseases. Claims can also be brought by the dependents of those who have died from dust diseases.

Claims filed at the Dust Diseases Tribunal are usually placed into one of 2 categories:

• asbestos-related claims 
• other dust-related claims.

The Tribunal has different procedures for dealing with cases in each category. Read about the Asbestos-related disease claims and other disease claims and view examples of how such cases are run.

An understanding of the relevant claims process can give claimants an insight into how their case will be handled, and the steps involved in the Tribunal's legal procedures. However, it is highly recommended that plaintiffs engage legal counsel due to the complexity of most matters.

No time limit to bringing a claim

The Dust Diseases Tribunal Act 1989, provides the Tribunal with exclusive jurisdiction to hear and determine claims for damages for dust-related diseases.

There is often a long time between exposure to dust, the appearance of symptoms and the diagnosis of a condition. For this reason, a special provision in the legislation allows claims for dust-related conditions to be bought at any time. The Limitation Act 1969 does not operate to prevent the bringing or maintenance of dust-related proceedings. 

The Dust Diseases Tribunal Act also provides for an award of provisional damages where a person is currently suffering from a dust disease but can also prove there is a chance he or she could develop another dust disease in the future.

How cases are prioritised

The Tribunal aims to provide a just, quick and cheap resolution of the real issues in dispute. Many people who lodge a claim are dying from their illnesses. It is in the interests of justice that their claims are heard quickly.

There are different procedures for asbestos exposure related cases and those cases that involve exposure to other dusts.

In many asbestos-related cases, progression from initial diagnosis to death can be rapid. Different provisions apply to prioritise these claims so that those plaintiffs whose life-expectancy is shortest are dealt with more swiftly.

This includes Tribunal Judges holding plaintiff bedside hearings at any time of the day and night, 7 days a week.

For Urgent bedside hearings - Directions list consent matters please refer to:

Advice to Practitioners No. 1 of 2019 (DOC, 88.5 KB) – Urgent Bedside Hearing Application – Gravely Ill

Advice to Practitioners No. 2 of 2019 (DOCX, 46.3 KB) – Electronic Court protocol

Please note, the Tribunal has a room in Sydney for gravely ill plaintiffs equipped with a hospital bed and oxygen concentrator. Email the Registry or phone 02 9377 5440 to check on the availability of the room and to book. 

Giving evidence from a remote location

The Tribunal also seeks to reduce time and cost by enabling witnesses in remote locations within Australia and those overseas to appear in Court via video link to give evidence.

Read about how evidence is given by video and telephone.