Section 12B of the Dust Diseases Tribunal Act 1989 (NSW) only disapplies the bar on non-economic loss damages (under s 2(2)(d) of the Law Reform (Miscellaneous Provisions) Act 1944) in respect of defendants against whom proceedings were commenced before the plaintiff's death. A defendant joined after the plaintiff's death cannot be liable for non-economic loss damages even if the original proceedings against other defendants were commenced before death. Practitioners acting for estates of dust disease victims must ensure all potential defendants are joined before the plaintiff's death to preserve entitlements to general damages.
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