Asbestos and dust disease lawyers for the ACT

Asbestos lawyers for Canberra and the ACT

Rogalski Lawyers is a Brisbane firm whose national specialty is asbestos and silica dust disease claims. We act for people in Canberra and the ACT, and in the surrounding NSW region, and for families after a death.

Our other claim types, such as workers’ compensation, CTP, public liability, TPD and medical negligence, are handled for Queensland matters only. Dust disease is different because exposure histories cross borders, and in Canberra that is especially common. Many people have worked in both the ACT and NSW, or for the Commonwealth.

Asbestos exposure in the ACT has come from the building trades, construction of public buildings and infrastructure, maintenance work, and home renovation. It has also come, in a way unique to Canberra, from loose-fill insulation in homes.

Loose-fill asbestos in Canberra homes

In the 1960s and 1970s, a business known as Mr Fluffy pumped loose, raw asbestos fibres into the roof spaces of more than a thousand Canberra houses as insulation. According to the ACT Government, most of this material was amosite (brown) asbestos, with crocidolite (blue) asbestos found in a small number of homes.

The history, in outline:

• 1988 to 1993. A Commonwealth program removed visible and accessible loose-fill asbestos from identified houses. Material remained in wall cavities, subfloors and other areas, and in some cases fibres reached living spaces.
• 2014 onwards. The ACT Government, with Australian Government funding, introduced a buyback and demolition program for affected houses.
• Health research. The ACT Government has commissioned health studies on rates of mesothelioma and other cancers among people who lived in affected homes.
• Financial support. A scheme jointly funded by the ACT and Australian governments, and administered by the ACT Government, provides financial support to people diagnosed with an asbestos-related disease after living in an affected house. Eligibility conditions apply.

Loose-fill asbestos insulation has also been found in some homes in NSW, including in council areas near Canberra.

What this means for a claim

Living in an affected house does not, by itself, create a claim. Most people who lived in these homes will not develop an asbestos-related disease. Where someone has been diagnosed, the questions become which support schemes apply, whether any party can be held responsible, and how any other exposure, such as work in the trades, fits in. These questions are worked through case by case.

ACT workers’ compensation and Comcare

Where the exposure happened at work, a statutory claim may be available. Which scheme applies depends on the employer.

• Private sector employers in the ACT are generally covered by the ACT workers’ compensation scheme under the Workers Compensation Act 1951 (ACT).
• Commonwealth employees, a large group in Canberra, are generally covered by the Comcare scheme under the Safety, Rehabilitation and Compensation Act 1988 (Cth).
• Work in NSW, even for a Canberra resident, may bring in icare Dust Diseases Care, the NSW scheme for dust disease caused by NSW employment. See our Sydney page for how that scheme works.

Statutory claims are no-fault, so negligence does not need to be proved. Each scheme has its own rules on benefits, lodgement and the right to claim damages. TPD and superannuation claims may also be available where a condition ends a person’s working life.

Court claims in the ACT

A claim for damages for an asbestos or silica condition in the ACT is generally brought in the Supreme Court of the ACT. The ACT does not have a specialist tribunal like the Dust Diseases Tribunal of NSW.

A damages claim is fault-based. It may be brought against a former employer, a manufacturer or supplier of asbestos or silica products, a building owner or occupier, or a principal contractor. Where a company has closed, the claim may be against its insurer or a successor.

Where the exposure happened in NSW, or the defendants are based there, the Dust Diseases Tribunal may be an option. Choosing the forum is a real decision, and it affects procedure, timing and, in some cases, the damages available, such as provisional damages in the Tribunal.

Time limits for dust disease claims in the ACT

This is where the ACT differs most from Queensland and NSW. In those states, there is generally no limitation period for a court claim for a dust-related condition. In the ACT there is.

Under the Limitation Act 1985 (ACT), for causes of action arising on or after 9 September 2003, a claim for a disease is generally required to be brought within three years after the day the person knows that they have the condition and that it is related to someone else’s act or omission. The court’s power to extend that time is limited for these claims. Older causes of action are subject to different rules.

In practical terms:

• The clock generally runs from knowledge, not from the exposure, so an old exposure is not by itself a bar.
• Once a diagnosis is made and its connection to asbestos or silica is known, the dates are worth checking early with a lawyer.
• If the exposure happened in another state, that state’s law may govern parts of the claim, including time limits.
• Statutory schemes and superannuation policies have their own lodgement rules.

Silicosis claims in the ACT

Silicosis claims can arise from engineered stone benchtop work, construction, tunnelling, quarrying and demolition. The manufacture, supply, processing and installation of engineered stone benchtops, panels and slabs has been banned nationally since 1 July 2024. The ban does not affect claims for earlier exposure. There is more detail on our silicosis claims page.

What to expect as a client in the ACT

The practical arrangements are built around you:

• We come to you. We travel for statements, medical conferences and hearings, and we visit clients at home or in hospital.
• Phone and video first. The first conversation, and much of the early work, can be done without anyone travelling.
• Cross-border histories. We gather the whole history, including work in NSW, Commonwealth employment and every home you have lived in.
• Choosing the forum. Where a claim could be brought in the ACT, the Dust Diseases Tribunal of NSW or another court, we compare the options before filing.

The asbestos and mesothelioma claims page explains the diseases and the evidence in more detail.

How Rogalski Lawyers runs an ACT claim

The lawyer you speak to first is the lawyer who runs your claim. The firm keeps a deliberately low solicitor-to-client ratio, so you can reach the person handling your file. Martin Rogalski, the firm’s principal, is a Queensland Law Society Accredited Specialist. He has worked in dust disease litigation since 2008, with trial experience in the District and Supreme Courts of Queensland, the Supreme Court of NSW and the Dust Diseases Tribunal of NSW.

Claims are run on a no win, no fee* basis. Legal costs can often be claimed in addition to compensation recovered. Interest is charged only on legal costs that remain unpaid. Disbursements, such as medical reports and filing fees, are separate and explained in writing before the claim starts. The firm does not use litigation funders.

For people in Queensland, the firm also runs workers’ compensation claims and other compensation claims. Dust disease claims in other states are covered on our Melbourne and Hobart pages.

If you or a family member has been diagnosed with a dust disease, you can request a free case review or call 1300 848 424.