Compare provisional damages in the Dust Diseases Tribunal

MaintainedLast reviewed

Key facts

Human involvement
YellowClose supervision
How AI is used
Set out when section 11A can apply and what the two awards assume. Do not write the claim for either award.
What the lawyer must review
  • The lawyer decides whether to ask for provisional damages.
  • Require a proved or admitted chance of another dust-related condition.
  • Record the award as assuming the other condition will not develop, with further damages only if it does.
  • A choice the client signs or receives is settled by the lawyer before it goes out.
Written for / version
New South Wales versionNSWVICQLD

Rules that apply

The document starts from the task name. Change it if this piece of work is different.

The work product

Forum. Dust Diseases Tribunal, section 11A

Produce. A comparison of an award that assumes no further dust disease, and further damages if one develops.

Have ready. Current dust diagnosis; Medical evidence of a chance of another dust disease; The breach said to cause both.

Example of the limit. Illustrative example: The plaintiff has asbestosis and a physician says there is a chance of mesothelioma from the same exposure. The tool sets out the two limbs of section 11A. The lawyer decides whether the chance is proved or admitted, and writes any claim. The tool does not.

Stop and hand it back when

  • No chance of another dust disease is identified.
  • The output writes the claim for further damages.

Sources for this task were checked on 2026-10-23.

Who does what

Who does what
RoleWhat they do
AssistanceDo not begin AI assistance until the responsible lawyer has defined and confirmed its permitted scope.
LawyerSet the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output.

Checklist

  1. Section 11A applies to section 11(1) proceedings brought after the section commenced.
  2. There must be proved or admitted a chance that, at a definite or indefinite future time, the injured person will develop another dust-related condition as a result or partly as a result of the breach.
  3. The Tribunal may, in accordance with the rules, award damages on the assumption the person will not develop another dust-related condition.
  4. It may award further damages at a future date if the person does develop another dust-related condition.

Sources

The rules that section 11A requires were not opened. Confirm them before a form of order is drawn.

The Dust Diseases Tribunal practice-notes index opened on 23 October 2026 has no generative AI note. Do not treat a Supreme Court note as the Tribunal rule. Do not enter confidential information into a public tool.

Related tasks

Related tools

Related jurisdictions