LSB September 2019_Web

FROM THE EDITOR
From a baby to a
Master: A toast to our
high-achieving peers
MICHAEL ESPOSITO, EDITOR
This month’s message is replete with
congratulations.
Firstly, a huge congratulations to
President Amy Nikolovski and her husband
Tony, who welcomed their beautiful baby
boy on 14 August.
Nikola Morris Nikolovski came into the
world weighing 3.7kg and measuring 55cm.
Amy, who had been pregnant for the
entirety of her presidency before becoming
a mother for the first time, is the first
Law Society President to give birth during
the year of her presidency. This is hardly
surprising given she is only the fourth
woman in the Society’s 140-year history to
be president.
It goes without saying that this has been
a huge year for Amy, both professionally
and personally, and August has no doubt
been one of the momentous of her life. In
addition to giving birth, she also received
the Mary Kitson Award, presented at the
Legal Profession Dinner on 2 August, for
her contribution to gender equality.
Fellow award recipients announced at
the Dinner were Brittany Armstrong, who
was named Young Lawyer of the Year,
while Raffaele Piccolo and Her Honour
Judge Penelope Kari received the Bulletin
Article of the Year awards.
The Society warmly congratulates these
highly deserving award winners. We have a
full wrap-up with plenty of photos of the
event in this month’s edition.
Last but not least, a hearty
congratulations to Elizabeth Olsson who
was appointed as a Master of the District
Court.
Master Olsson has been on the Bulletin
Committee for almost 24 years, serving
as Chair for over 22. It was bittersweet
to receive her notice of resignation from
the Bulletin Committee last month, as she
really had been the driving force behind the
evolution of the Bulletin over the past two
decades.
On behalf of the Bulletin Committee,
I thank Elizabeth for her immeasurable
contribution to the Bulletin and wish her
well in her new role. B
IN THIS ISSUE
LEGAL PROFESSION DINNER
Wrap-up & photo gallery of the
profession’s night of nights
8
Landmark decision in asbestos case
An Adelaide man has been awarded a
record compensation payout of just
over $3 million after being diagnosed with
a rare form of mesothelioma caused by
exposure to asbestos dust, including during
renovations on his first home.
Mathew Werfel, 42, was diagnosed
with the terminal cancer after discovering a
lump in his groin in 2017.
Mr Werfel was first exposed to asbestos
as a teenager, while working for a fencing
contractor after leaving school. He was
subsequently exposed during home
renovations, including when he sanded and
painted the walls of his first home, which
he didn’t realise was constructed from
asbestos cement sheets.
In addition to awarding compensation
for pain and suffering, future economic
loss, medical expenses, and loss of life
expectancy, Judge Leonie Farrell imposed
exemplary damages on the company, saying
the court needed to issue a deterrent for
corporate actions that put commercial gain
ahead of people’s lives.
“Part of the conduct complained of
in this case … is still occurring, that is
the lack of warning to the general public
concerning the ongoing risk of the
dangers of [James Hardie’s] product in
thousands of Australian homes,” Judge
Farrell said.
Mr Werfel’s solicitor, Turner Freeman
Lawyers partner Annie Hoffman, said the
SAET decision has significant implications
for “third wave” asbestos victims — those
exposed to in-situ asbestos products in
homes, workplaces, and the community.
“This case confirms that James Hardie’s
duty of care didn’t end when it sold those
products, it continues even decades later as
tradespeople, homeowners, and others are
exposed to those building materials,” Ms
Hoffman said. B
PRASSAD DIRECTION ABOLISHED
High Court sets aside controversial
jury direction
VALE: DAMON IND
Beloved lawyer and animal rights
activist honoured
20
37
4 THE BULLETIN September 2019