*The contents in this blog relates to legislation in Western Australia.
Late last month the Honourable Justice Rene Le Miere departed from the bench having reached tenure as established by the Judges’ Retirement Act (WA). Just Le Miere was the Supreme Court of Western Australia’s longest serving Judge having been appointed to the bench in 2004.
In his 18 years with the Supreme Court Justice Le Miere presided over the countless matters overseeing the Expedited Cases List more recently known as the Commercial and Managed Cases (“CMC”) List. These lists included commercial and corporate matters and importantly to us, mesothelioma matters. As mesothelioma is an incurable asbestos related cancer and with a limit, prognosis claims for this condition have been handled on an expedited basis and have for many years been case managed by Justice Le Miere.
Justice Le Miere leaves behind a strong legacy for asbestos sufferers. His most recent judgment of Parkin v Amaca Pty Limited (formerly James Hardie & Coy Pty Limited) saw him increase the level of general damages for pain and suffering for those who suffer from mesothelioma.
This brought the Western Australian jurisdiction in line with the other States of Australia in terms of compensation awards. His judgement of Parkin also allowed for Silver Chain commercial care rates to be applied to gratuitous care provided by sufferers’ loved ones and made allowance for costs of reasonable medical treatments such as immunotherapy including Keytruda/Pembrolizumab (a drug that at the time was not covered by the PBS).
We thank Justice Le Miere for his service to those suffering from asbestos disease and we wish him well as he re-enters private practice at Quayside Chambers as a mediator.
We also take this time to welcome the Honourable Justice Larissa Strk who is taking over the CMC List and the ongoing management of mesothelioma claims. Justice Strk previously held the position of Principal Registrar of the Supreme Court until her appointment as a Judge in 2021 and brings a wealth of experience to the role.
If you believe you have been exposed to dust, and would like obligation free advice on your compensation entitlements, please do not hesitate to contact us on 08 9325 0900.