Summarised below are the key steps in the process of hearing a case by the Tribunal:

A. ASBESTOS-RELATED DISEASES

1. Lodgement of documents

A Statement of Claim is lodged. At the same time or as soon as possible afterwards, the plaintiff's solicitors file and serve on all parties a Statement of Particulars. That document provides the parties with all the information relevant to the plaintiff's case. When that document is served on the last of the original defendants, a timetable commences to set the dates for the activities that will lead to settlement of the claim.

The early exchange of information by way of the plaintiff's Statement of Particulars and each defendant's Reply allows the parties to have full information early and to negotiate settlement as soon as possible. In some cases, settlement can happen soon after the exchange of documents.

2. Contributions Assessment

When there is more than one defendant, they must agree what share of the settlement is each one's responsibility. It they cannot agree, the percentages are decided by a Contributions Assessor, who is appointed by the Registrar.

3. Mediation

If the parties do not agree on an amount for settlement, a mediator must be appointed to lead them to agreement. If a mediator has not been appointed by the parties within the time set by the timetable, the Registrar appoints one.

4. Settlement

If the parties resolve the claim at mediation, documents are drawn up and handed up in court to obtain a formal settlement order.

If the parties do not agree during mediation, the mediator must determine what issues are in dispute between them. The matter is then brought for hearing before a judge. Only those matters in dispute at the conclusion of the mediation may be argued in court.

Parties may agree among themselves to settle the case at any stage after the Statement of Claim is filed. When agreement is reached, the case is listed for presenting settlement documents to court for a judge to formalise them.

B. NON-ASBESTOS DISEASES

1. Statement of Claim Lodged

2. Pre-hearing action

A case is first listed for Directions before a Judge to direct action to be taken by all parties to prepare the case for hearing. Orders may include:

• referral for urgent hearing where the plaintiff is very ill;
• referral for an Issues and Listings Conference to identify or narrow issues and ascertain if the case may be settled without going to a hearing. In this situation if both parties agree on terms of settlement, the case is finalised;
• a timetable setting out the steps to be taken; and / or
• other matters, including the issue of subpoenae to obtain medical or other records.

3. Setting a date

When all directions and orders have been complied with, the Judge allocates a date for the hearing.

4. Hearing

The case is heard by a Judge who, after deliberation: