Common law action

You must apply for compensation under the Asbestos-Related Diseases (Occupational Exposure) Compensation Act 2011 and receive a determination by the Asbestos Compensation Commissioner before you can begin an action for common law damages.

You must also notify the Asbestos Compensation Commissioner if you receive

  • damages,
  • a judgement, or
  • a settlement

at common law for the asbestos-related disease you have received compensation for. 

In both cases you must notify the Asbestos Compensation Commissioner within 20 business days of lodging an action or receipt of compensation. This can be done by completing Form 8 and forwarding to the Commissioner.

Failure to do so may result in you being penalised.

Form 8: Notice of common law action (pdf, 374.6 KB)