On 9 December 2010, an agreement was reached between the State of New South Wales (lender) and asbestos Injuries Compensation Fund Limited, as trustee of the charitable fund (borrower) and ABN 60 Pty Limited, Amaba Pty Limited and Amaca Pty Limited, under which the lender agreed to provide financial arrangements to the borrower, to help pay debts owed. This document is available here (PDF 6 Mb). The AFFA was amended as part of an amending act on 19 December 2017 to add a new clause 13.4A. Under this new clause, Section 281D cannot and will no longer be paid by AICF and the responsible companies as of January 1, 2018. The deed of amendment is available here (PDF 1 Mb). The agreement between James Hardie Industries NV (now James Hardie Industries SE), James Hardie 117 Pty Ltd, the Government of New South Wales, Asbestos Injuries Compensation Fund Limited as trustee of the AICF Trust (AICF), is set out in the amended and adapted definitive financing agreement of 21 November 2006, as amended and amended on 20 December 2013 (AFFA). The AFFA is available here (PDF 1 Mb). Below are kpmg`s actuary`s reports that evaluate the asbestos-related disease liabilities of former James Hardie companies on the following dates: In Mr. Taliferos de Particulars` statement, he summarized his work history and exposure to asbestos. Mr Talifero elaborated on his exposure to dust and asbestos fibres while working abroad in the UK.
The question of the share of exposure abroad was left open by Justice Sackar, who found that medical evidence can determine whether exposure abroad made a substantial contribution to mesothelioma. “It is not because Mr. Talifero`s plea before the Dust Diseases Tribunal resulted in an overall figure of $560,482.00 to be paid by Amaca and that the current evidence of the indivisibility of mesothelioma does not diminish the requirement set out in the definition of `Personal Asbestos Claim` in the final financing agreement and trust deed, so that the authorised representative can actually carry out this levy. Rather, it is a fair method of allocating and remunerating claimants damaged by James Hardie asbestos, now and in the future, and for the benefit of the system as a whole. The James Hardie Former Subsidiaries (Winding up and Administration) Act 2005 (NSW) is available on the New South Wales Government website: www.legislation.nsw.gov.au. . . . .