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James Hardie Industries

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James Hardie Industries
TypePublic
ASXJHX
NYSEJHX
IndustryBuilding materials
Founded1888
FounderJames Hardie
HeadquartersDublin, Ireland
Area served
United States
Australia
Europe
New Zealand
Philippines
Key people
Harold Wiens
ProductsFiber Cement Building Materials
Residential & Commercial Facades
Siding & Weatherboards
Revenue$3 billion (2019)
Number of employees
4,999 (2021)
Websitewww.jameshardie.com

James Hardie Industries plc is a global building materials company and the largest global manufacturer of fibre cement products. Headquartered in Ireland, it is a dual-listed company, being listed on the Australian and New York Stock Exchanges. Its management team currently sits in Chicago, Illinois, United States.[1] James Hardie was plagued by several asbestos-related scandals in the 20th century.

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Fibre cement

Fibre cement

Fibre cement is a composite building and construction material, used mainly in roofing and facade products because of its strength and durability. One common use is in fiber cement siding on buildings.

Dual-listed company

Dual-listed company

A dual-listed company or DLC is a corporate structure in which two corporations function as a single operating business through a legal equalization agreement, but retain separate legal identities and stock exchange listings. Virtually all DLCs are cross-border, and have tax and other advantages for the corporations and their stockholders.

Australian Securities Exchange

Australian Securities Exchange

Australian Securities Exchange Ltd or ASX, is an Australian public company that operates Australia's primary securities exchange, the Australian Securities Exchange. The ASX was formed on 1 April 1987, through incorporation under legislation of the Australian Parliament as an amalgamation of the six state securities exchanges, and merged with the Sydney Futures Exchange in 2006.

New York Stock Exchange

New York Stock Exchange

The New York Stock Exchange is an American stock exchange in the Financial District of Lower Manhattan in New York City. It is by far the world's largest stock exchange by market capitalization of its listed companies at US$30.1 trillion as of February 2018. The average daily trading value was approximately US$169 billion in 2013. The NYSE trading floor is at the New York Stock Exchange Building on 11 Wall Street and 18 Broad Street and is a National Historic Landmark. An additional trading room, at 30 Broad Street, was closed in February 2007.

Asbestos

Asbestos

Asbestos is a naturally occurring fibrous silicate mineral. There are six types, all of which are composed of long and thin fibrous crystals, each fibre being composed of many microscopic "fibrils" that can be released into the atmosphere by abrasion and other processes. Inhalation of asbestos fibres can lead to various dangerous lung conditions, including mesothelioma, asbestosis, and lung cancer, so it is now notorious as a serious health and safety hazard.

History

James Hardie (27 July 1851 – 20 November 1920)[2] emigrated to Australia in 1888 from Linlithgow, Scotland, and established a business importing oils and animal hides. Andrew Reid, also from Linlithgow, came to join Hardie in Melbourne, and became a full partner in 1895.[3] When Hardie retired in 1911, he sold his half of the business to Reid.[4]

The company was listed on the Sydney Stock Exchange in 1951.[5] At the time, the company manufactured products out of asbestos cement sheet and other related building material.[6] By the middle of the twentieth century, James Hardie had become the largest manufacturer and distributor of building products, insulation, pipes and brake linings containing asbestos. In Australia, it operated asbestos plants in New South Wales, Queensland, South Australia, Victoria and Western Australia. Working with the products containing asbestos – including asbestos cement – caused people to develop various pleural abnormalities such as asbestosis and malignant mesothelioma.[7] In 1961, it merged its brake lining division with Turner & Newall's Ferodo, taking a 60% shareholding in Hardie-Ferodo.[8] It purchased the remaining 40% in August 1980.[9]

By the mid 1980s, James Hardie invented the modern day asbestos-free fibre cement material and had transitioned production entirely to fibre cement, a product consisting largely of Portland cement, sand, and wood fibres.[10]

In December 2001, the company relocated its headquarters to the Netherlands.[11] While the move to the Netherlands resulted in tax savings of $86 million over seven years, in 2009 the Australian Taxation Office issued an amended assessment for $172 million plus interest and penalties.[12] James Hardie successfully appealed the assessment.[13] Also in 2009, the US Internal Revenue Service alleged that James Hardie had not been in compliance with the US-Dutch treaty since it had been implemented in 2006 and claimed $US37 million in unpaid taxes plus $US10 million in interest and penalties.[14]

In 2010 James Hardie moved its corporate domicile to Ireland.[15]

James Hardie currently operates a corporate office in Chicago, Illinois, United States and operates more than a dozen manufacturing plants around the world.[16]

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Linlithgow

Linlithgow

Linlithgow is a town in West Lothian, Scotland. It was historically West Lothian's county town, reflected in the county's historical name of Linlithgowshire. An ancient town, it lies in the Central Belt on an historic route between Edinburgh and Falkirk beside Linlithgow Loch. The town is situated approximately 20 miles west of Edinburgh.

Scotland

Scotland

Scotland is a country that is part of the United Kingdom. Covering the northern third of the island of Great Britain, mainland Scotland has a 96-mile (154-kilometre) border with England to the southeast and is otherwise surrounded by the Atlantic Ocean to the north and west, the North Sea to the northeast and east, and the Irish Sea to the south. It also contains more than 790 islands, principally in the archipelagos of the Hebrides and the Northern Isles. Most of the population, including the capital Edinburgh, is concentrated in the Central Belt—the plain between the Scottish Highlands and the Southern Uplands—in the Scottish Lowlands.

Melbourne

Melbourne

Melbourne is the capital and most populous city of the Australian state of Victoria, and the second-most populous city in both Australia and Oceania. Its name generally refers to a 9,993 km2 (3,858 sq mi) metropolitan area known as Greater Melbourne, comprising an urban agglomeration of 31 local municipalities, although the name is also used specifically for the local municipality of City of Melbourne based around its central business area. The metropolis occupies much of the northern and eastern coastlines of Port Phillip Bay and spreads into the Mornington Peninsula, West Gippsland, as well as the hinterlands towards the Yarra Valley, the Dandenong and Macedon Ranges. It has a population over 5 million, mostly residing to the east side of the city centre, and its inhabitants are commonly referred to as "Melburnians".

Australian Securities Exchange

Australian Securities Exchange

Australian Securities Exchange Ltd or ASX, is an Australian public company that operates Australia's primary securities exchange, the Australian Securities Exchange. The ASX was formed on 1 April 1987, through incorporation under legislation of the Australian Parliament as an amalgamation of the six state securities exchanges, and merged with the Sydney Futures Exchange in 2006.

Asbestos cement

Asbestos cement

Asbestos cement, genericized as fibro, fibrolite or AC sheet, is a building material in which asbestos fibres are used to reinforce thin rigid cement sheets.

Building insulation

Building insulation

Building insulation is any object in a building used as insulation for thermal management. While the majority of insulation in buildings is for thermal purposes, the term also applies to acoustic insulation, fire insulation, and impact insulation. Often an insulation material will be chosen for its ability to perform several of these functions at once.

New South Wales

New South Wales

New South Wales is a state on the east coast of Australia. It borders Queensland to the north, Victoria to the south, and South Australia to the west. Its coast borders the Coral and Tasman Seas to the east. The Australian Capital Territory and Jervis Bay Territory are enclaves within the state. New South Wales' state capital is Sydney, which is also Australia's most populous city. In December 2021, the population of New South Wales was over 8 million, making it Australia's most populous state. Just under two-thirds of the state's population, 5.3 million, live in the Greater Sydney area.

Queensland

Queensland

Queensland is a state situated in northeastern Australia, and is the second-largest and third-most populous of the Australian states. It is bordered by the Northern Territory, South Australia and New South Wales to the west, southwest and south respectively. To the east, Queensland is bordered by the Coral Sea and the Pacific Ocean; to its north is the Torres Strait, separating the Australian mainland from Papua New Guinea. With an area of 1,852,642 square kilometres (715,309 sq mi), Queensland is the world's sixth-largest sub-national entity; it is larger than all but 15 countries. Due to its size, Queensland's geographical features and climates are diverse, including tropical rainforests, rivers, coral reefs, mountain ranges and sandy beaches in its tropical and sub-tropical coastal regions, as well as deserts and savanna in the semi-arid and desert climatic regions of its interior.

South Australia

South Australia

South Australia is a state in the southern central part of Australia. It covers some of the most arid parts of the country. With a total land area of 984,321 square kilometres (380,048 sq mi), it is the fourth-largest of Australia's states and territories by area, and second smallest state by population. It has a total of 1.8 million people. Its population is the second most highly centralised in Australia, after Western Australia, with more than 77 percent of South Australians living in the capital Adelaide, or its environs. Other population centres in the state are relatively small; Mount Gambier, the second-largest centre, has a population of 33,233.

Asbestosis

Asbestosis

Asbestosis is long-term inflammation and scarring of the lungs due to asbestos fibers. Symptoms may include shortness of breath, cough, wheezing, and chest tightness. Complications may include lung cancer, mesothelioma, and pulmonary heart disease.

Portland cement

Portland cement

Portland cement is the most common type of cement in general use around the world as a basic ingredient of concrete, mortar, stucco, and non-specialty grout. It was developed from other types of hydraulic lime in England in the early 19th century by Joseph Aspdin, and is usually made from limestone. It is a fine powder, produced by heating limestone and clay minerals in a kiln to form clinker, grinding the clinker, and adding 2 to 3 percent of gypsum. Several types of portland cement are available. The most common, called ordinary portland cement (OPC), is grey, but white Portland cement is also available. Its name is derived from its resemblance to Portland stone which was quarried on the Isle of Portland in Dorset, England. It was named by Joseph Aspdin who obtained a patent for it in 1824. His son William Aspdin is regarded as the inventor of "modern" portland cement due to his developments in the 1840s.

Netherlands

Netherlands

The Netherlands, informally Holland, is a country located in Northwestern Europe with overseas territories in the Caribbean. It is the largest of four constituent countries of the Kingdom of the Netherlands. The Netherlands consists of twelve provinces; it borders Germany to the east, Belgium to the south, with a North Sea coastline to the north and west. It shares maritime borders with the United Kingdom, Germany and Belgium in the North Sea. The country's official language is Dutch, with West Frisian as a secondary official language in the province of Friesland. Dutch Low Saxon and Limburgish are recognised regional languages, while Dutch Sign Language, Sinte Romani and Yiddish are recognised non-territorial languages. Dutch, English and Papiamento are official in the Caribbean territories.

Sponsorship and philanthropy

James Hardie was the naming rights sponsor of the Bathurst 500/1000 from 1968 until 1987.[17] It was shirt sponsor for the Parramatta Eels from 1981 until 1995.

In 1988 James Hardie Industries made the largest donation ever made to an Australian public library when it gifted to the State Library of Queensland the meticulously developed and hugely significant Australian Library of Fine Art which was given as a bicentennial gift to the nation.[18] This collection became the James Hardie Library of Australian Fine Arts, and was part of the Arts and Rare Books Unit at the State Library.

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Bathurst 1000

Bathurst 1000

The Bathurst 1000 is a 1,000-kilometre (621.4 mi) touring car race held annually on the Mount Panorama Circuit in Bathurst, New South Wales, Australia. It is currently run as part of the Supercars Championship, the most recent incarnation of the Australian Touring Car Championship. In 1987 it was a round of the World Touring Car Championship. The Bathurst 1000 is colloquially known as The Great Race among motorsport fans and media. The race concept originated with the 1960 Armstrong 500 at the Phillip Island Grand Prix Circuit, before being relocated to Bathurst in 1963 and continuing there in every year since. The race was traditionally run on the Labour Day long weekend in New South Wales, in early October. Since 2001, the race is run on the weekend after the long weekend, normally the second weekend in October.

Parramatta Eels

Parramatta Eels

The Parramatta Eels are an Australian professional rugby league football club based in the Sydney suburb of Parramatta that competes in the National Rugby League.

1981 Parramatta Eels season

1981 Parramatta Eels season

The 1981 Parramatta Eels season was the 35th in the club's history. Coached by Jack Gibson and captained by Steve Edge, they competed in the 1981 NSWRFL Premiership.

State Library of Queensland

State Library of Queensland

The State Library of Queensland is the main reference and research library provided to the people of the State of Queensland, Australia, by the state government. Its legislative basis is provided by the Queensland Libraries Act 1988. It contains a significant portion of Queensland's documentary heritage, major reference and research collections, and is an advocate of and partner with public libraries across Queensland. The library is at Kurilpa Point, within the Queensland Cultural Centre on the Brisbane River at South Bank.

Asbestos

History

In 1978 the effects of pleural abnormalities and other asbestos-related diseases were beginning to show up in the former mine workers. While other companies were involved in similar asbestos-related activities, most notably CSR, more than 50% of claims made to the Dust Diseases Tribunal of New South Wales in 2002 were brought against companies in the James Hardie group.[19]

There were protests against the companies' operations near the small Aboriginal Australian community of Baryulgil on the NSW North Coast, with Lyall Munro Snr[20] and the NSW Aboriginal Legal Service taking an active part in actions against the company.[21][22]

James Hardie and its subsidiaries had been providing compensation for victims of its operations since the 1980s. Though some earlier claims had arisen, the proliferation of cases from the 1980s onwards forced James Hardie to acknowledge that it had known asbestos to be dangerous. James Hardie nonetheless maintained that it had done everything possible to protect workers.[23][24] In 1978 the company began putting warning labels on its products explaining that inhalation of the dust could result in cancer.[25] In March 1987 James Hardie ceased all asbestos manufacturing activities.[26]

As concern grew about the serious adverse health effects of asbestos, in the mid-1980s James Hardie developed an asbestos-free fibre cement technology, without the dangers associated with asbestos.[27]

The MRCF and move to the Netherlands

James Hardie had been structured as a parent company operating through subsidiaries since the 1930s. All asbestos operations, including the provision of compensation, were undertaken by James Hardie's subsidiaries, principally James Hardie and Coy and Hardie-Ferodo (later known as Jsekarb).[28]: 3  Between 1995 and 2000, James Hardie (the parent company) began to remove the assets of these subsidiaries (since renamed Amaca and Amaba respectively), while leaving them with most of the asbestos liabilities of the James Hardie group.[28]: 3 

In 2001 these two companies were separated from James Hardie and acquired by the Medical Research and Compensation Foundation (MRCF) which was essentially created in order to act as an administrator for Hardie's asbestos liabilities. Then CEO of James Hardie, Peter McDonald, made public announcements emphasising that the MRCF had sufficient funds to meet all future claims and that James Hardie would not give it any further substantial funds. Indeed, the net assets of the MRCF were $293 million, mostly in real estate and loans, and exceeded the 'best estimate' of $286 million in liabilities which had been estimated in an actuarial report commissioned by James Hardie.[29] The Jackson Report found that this 'best estimate' was 'wildly optimistic' and the estimates of future liabilities was 'far too low'.[30]

After this separation, James Hardie moved offshore to the Netherlands for what it claimed were significant tax advantages for the company and its shareholders. To make this move, the company had to assure Australian courts (as it was listed on the Australian Securities Exchange) that the MRCF would be able to meet future liabilities. The courts were assured of this and that more money would be made available to its Australian asbestos victims through the issue of partly paid shares to MRCF obliging the new Dutch parent company to meet a call for funds if it were needed. The value of the call at the time was $1.9 billion.[28]: 3 [31] The move to the Netherlands therefore proceeded. However, the tax benefits which James Hardie expected to receive as a result from its move did not eventuate following the revision of tax laws in the United States in 2001 and later with the United States signing a new trade agreement with the Netherlands in 2006.

Shortly after the move, an actuarial report found that James Hardie asbestos liabilities were likely to reach $574 million.[32] The MRCF sought extra funding from James Hardie and was offered $18 million in assets, an offer the MRCF rejected. The estimate of asbestos liabilities was promptly revised to $752 million in 2002 and then $1.58 billion in 2003.[33] The funding shortfall became of increasing concern in 2004 as it became clear that eligible victims would miss out on receiving compensation after it was revealed that in March 2003 James Hardie had cancelled the partly paid shares that were intended to be a safety net for the fund.[31][34] In discussing the shortfall with the MRCF, James Hardie refused to accept further responsibility for the liabilities on the basis that the MRCF and James Hardie were separate legal entities.[35]

Inquiry

On 12 February 2004, a judicial inquiry into the matter was commissioned by the Government of New South Wales. The findings were very critical of James Hardie and its management.[36] Amongst other findings, it found that the actuarial reports commissioned by James Hardie which estimated liabilities at $286 million were inadequate because they used a financial model which made unfounded predictions on the value of investments held by Amaca and Amaba, the figures were subject to numerous unspecified conditions and they did not account for the effect of separating Amaca and Amaba from James Hardie.[29] However, the inquiry found that James Hardie was under no legal obligation to provide compensation.[37] Despite this finding, there was immense political and social pressure on James Hardie to negotiate a compensation deal;[38] governments were boycotting James Hardie products[39] and unions were threatening to instigate a global union movement against the company based on refusing to handle James Hardie products.[40]

Following the results of the inquiry, James Hardie entered into negotiations with governments and trade unions in an effort to establish some sort of compensation system for eligible victims of James Hardie's products. In December 2004, James Hardie agreed to pay compensation to the victims of its products through a voluntary compensation fund. The details of the fund were to be legally determined by June 2005 but progress was stalled and the company refused to disclose the date the deal would be finalised.[41] Further conflicts between the company and the Federal Government over tax deductibility of donations to the voluntary fund saw finalisation of the deal further delayed. It was not until November 2006, after the federal government had created 'black hole' tax legislation,[42] which made the contributions of James Hardie into the voluntary fund tax deductible, and had granted the voluntary fund tax-exempt status, that James Hardie finalised the compensation deal. There was immense pressure on the Federal Government from state governments, union leaders and victims to remove the tax problem.[43] The final step in giving the voluntary fund a legal structure was approval of the scheme by James Hardie shareholders. In February 2007, 99.6% of shareholders voted in favour of the scheme and it began operating days later.[44]

Legal action

After the inquiry in 2004, prosecutors were considering bringing civil and criminal charges against the CEO and other senior executives for making fraudulent statements as to the liquidity of the MRCF.[45] In February 2007 every member of the 2001 board and some members of senior management were charged by the Australian Securities & Investments Commission (ASIC) with a range of breaches of the Corporations Act 2001 including breach of director's duties by failing to act with care and diligence.[46]

ASIC also undertook investigations into possible criminal charges against the company's executives but in September 2008 the Commonwealth Director of Public Prosecutions decided there was insufficient evidence and charges were not pursued.[47]

In 2009, the Supreme Court of New South Wales found that directors had misled the stock exchange in relation to James Hardie's ability to fund claims. They were also banned from serving as board members for five years. Former chief executive Peter Macdonald was banned for 15 years and fined $350,000 for his role in forming the MRCF and publicising it.[48][49] The former directors, excepting Macdonald, appealed and the New South Wales Court of Appeal subsequently overturned the ruling against these directors in 2010.[50] ASIC appealed against the ruling in the High Court of Australia in October 2011. In May 2012 the High Court upheld the 2009 New South Wales court decision and found that seven former James Hardie non-executive directors did mislead the stock exchange over the asbestos victims compensation fund.[50]

In August 2019, Mathew Werfel, a DIY handyman from Adelaide, won $3 million in a compensation case against James Hardie. Werfel was exposed to asbestos while pulling down fences and renovating two homes between 1990 and 2000, and was diagnosed with testicular cancer in 2017. James Hardie's products no longer contain asbestos, but Werfel's lawyer claimed the company should have done more to alert the public to the existence of asbestos in its old products, which were used in older homes.[51]

In 2021, James Hardie was vindicated after a New Zealand court dismissed a lawsuit claiming Harditex cladding caused weathertightness problems in New Zealand homes. The judge found that bad building methods rather than James Hardie products caused the problems.[52]

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Pulmonary pleurae

Pulmonary pleurae

The pulmonary pleurae are the two opposing layers of serous membrane overlying the lungs and the inside of the surrounding chest walls.

Asbestos

Asbestos

Asbestos is a naturally occurring fibrous silicate mineral. There are six types, all of which are composed of long and thin fibrous crystals, each fibre being composed of many microscopic "fibrils" that can be released into the atmosphere by abrasion and other processes. Inhalation of asbestos fibres can lead to various dangerous lung conditions, including mesothelioma, asbestosis, and lung cancer, so it is now notorious as a serious health and safety hazard.

CSR Limited

CSR Limited

CSR Limited is a major Australian industrial company, producing building products and having a 25% share in the Tomago aluminium smelter located near Newcastle, New South Wales. It is publicly traded on the Australian Securities Exchange. In 2021, it had over 3,000 employees and reported an after-tax profit of $146 million. The company has a diversified shareholding with predominantly Australian fund managers and retail owners. The group's corporate headquarters is in North Ryde, Sydney.

Dust Diseases Tribunal of New South Wales

Dust Diseases Tribunal of New South Wales

The Dust Diseases Tribunal of New South Wales was established on 21 July 1989 as a specialist court within the Australian court hierarchy with exclusive jurisdiction within New South Wales, Australia, to deal with claims for damages from sufferers of dust-related illnesses, including those linked to asbestos exposure, and from dependants of sufferers who have died. The tribunal is located in the John Maddison Tower in the Sydney central business district.

Lyall Munro Snr

Lyall Munro Snr

Lyall Munro Snr, also known as Uncle Lyall Munro Senior, was an Aboriginal Australian activist, leader, and elder, especially known for his advocacy of Indigenous land rights. He was the husband of Carmine "Maggie" Munro, and father of Lyall Munro Jnr.

Australian Securities Exchange

Australian Securities Exchange

Australian Securities Exchange Ltd or ASX, is an Australian public company that operates Australia's primary securities exchange, the Australian Securities Exchange. The ASX was formed on 1 April 1987, through incorporation under legislation of the Australian Parliament as an amalgamation of the six state securities exchanges, and merged with the Sydney Futures Exchange in 2006.

Government of New South Wales

Government of New South Wales

The Government of New South Wales, also known as the NSW Government, is the Australian state democratic administrative authority of New South Wales. It is currently held by a coalition of the Liberal Party and the National Party. The Government of New South Wales, a parliamentary constitutional monarchy, was formed in 1856 as prescribed in its Constitution, as amended from time to time. Since the Federation of Australia in 1901, New South Wales has been a state of the Commonwealth of Australia, and the Constitution of Australia regulates its relationship with the Commonwealth. Under the Australian Constitution, New South Wales, as with all states, ceded legislative and judicial supremacy to the Commonwealth, but retained powers in all matters not in conflict with the Commonwealth.

Chief executive officer

Chief executive officer

A chief executive officer (CEO), also known as a central executive officer (CEO), chief administrator officer (CAO) or just chief executive (CE), is one of a number of corporate executives charged with the management of an organization – especially an independent legal entity such as a company or nonprofit institution. CEOs find roles in a range of organizations, including public and private corporations, non-profit organizations and even some government organizations. The CEO of a corporation or company typically reports to the board of directors and is charged with maximizing the value of the business, which may include maximizing the share price, market share, revenues or another element. In the non-profit and government sector, CEOs typically aim at achieving outcomes related to the organization's mission, usually provided by legislation. CEOs are also frequently assigned the role of main manager of the organization and the highest-ranking officer in the C-suite.

Australian Securities & Investments Commission

Australian Securities & Investments Commission

The Australian Securities and Investments Commission (ASIC) is an independent commission of the Australian Government tasked as the national corporate regulator. ASIC's role is to regulate company and financial services and enforce laws to protect Australian consumers, investors and creditors. ASIC was established on 1 July 1998 following recommendations from the Wallis Inquiry. ASIC's authority and scope are determined by the Australian Securities and Investments Commission Act 2001.

Corporations Act 2001

Corporations Act 2001

The Corporations Act 2001 (Cth) is an Act of the Parliament of Australia, which sets out the laws dealing with business entities in the Commonwealth of Australia. The company is the Act's primary focus, but other entities, such as partnerships and managed investment schemes, are also regulated. The Act is the foundational basis of Australian corporate law, with every Australian state having adopted the Act as required by the Australian Constitution.

New South Wales Court of Appeal

New South Wales Court of Appeal

The New South Wales Court of Appeal, part of the Supreme Court of New South Wales, is the highest court for civil matters and has appellate jurisdiction in the Australian state of New South Wales.

High Court of Australia

High Court of Australia

The High Court of Australia is Australia's apex court. It exercises original and appellate jurisdiction on matters specified within Australia's Constitution.

Timeline

Timeline of key events from the Devil's Dust TV program:[53]

  • 2004: James Hardie CEO Peter MacDonald resigns, with a resignation payment of $9 million.
  • February 2007: ASIC files court proceedings against the James Hardie board as it "failed to act with requisite care and diligence" when they assured investors that the Medical Research and Compensation Foundation (MRCF) was fully funded.
  • February 2007: James Hardie shareholders, overwhelmingly approve a "compensation deal for asbestos victims worth $4 billion over the next 40 years". Meredith Hellicar, Chairwoman, resigns.
  • August 2007: Oncologist Professor Stephen Clarke diagnoses Banton with peritoneal mesothelioma, which is usually fatal within six months. Bernie files a new suit of exemplary damages against a former James Hardie subsidiary now part of the new Asbestos Injuries Compensation Fund. Judge John O'Meally (President of the Dust Diseases Tribunal) rules in favour of Banton, but the fund contests the judgement.
  • November 2007: Gravely ill, Banton gives court evidence from his bed at Concord Repatriation General Hospital. James Hardie make an offer of settlement. Compensation for Banton's "terminal mesothelioma is from the Asbestos Injuries Compensation Fund, the trust he fought to set up in 2004". Banton dies at home (on 27 November) aged 61 surrounded by his family and close friends.
  • September 2009: Journalist Matt Peacock releases his book Killer Company.
  • May 2012: The High Court of Australia finds that seven directors of the James Hardie breached their duties by approving the company's release of a misleading statement to the stock exchange that the MRCF was fully funded.

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Devil's Dust

Devil's Dust

Devil's Dust is a two-part Australian television docu-drama mini-series on the ABC which first screened in 2012. Based on journalist Matt Peacock's 2009 book Killer Company, Devil's Dust was researched and developed by producer Stephen Corvini for over two years prior to the series' production. Through the factual case of Bernie Banton, it recounts the tragedy of many Australian workers and their families afflicted with asbestosis and mesothelioma in the twentieth-century asbestos mining and processing industries. Though the extreme health risks of exposure to asbestos dust had been documented for many years, manufacturer James Hardie persisted in large-scale use of the material, aided by inadequate regulation by state health agencies.

Peritoneal mesothelioma

Peritoneal mesothelioma

Peritoneal mesothelioma is the name given to the cancer that attacks the lining of the abdomen. This type of cancer affects the lining that protects the contents of the abdomen and which also provides a lubricating fluid to enable the organs to move and work properly.

Concord Repatriation General Hospital

Concord Repatriation General Hospital

Concord Repatriation General Hospital, commonly referred to as Concord Hospital, is a major hospital in Sydney, Australia, on Hospital Road in Concord. It is a teaching hospital of Sydney Medical School at the University of Sydney, where it is referred to as Concord Clinical School, and a major facility in the Sydney Local Health District and the former Sydney South West Area Health Service. The NSW Statewide Severe Burn Injury Service and the Bernie Banton Centre, an asbestos diseases research institute, are located there.

Killer Company

Killer Company

Killer Company: James Hardie Exposed is a 2009 Australian book by journalist Matt Peacock.

Source: "James Hardie Industries", Wikipedia, Wikimedia Foundation, (2022, November 25th), https://en.wikipedia.org/wiki/James_Hardie_Industries.

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References
  1. ^ "Locations: Corporate Office". James Hardie Career Center.
  2. ^ Lack, John. James (Jim) Hardie. National Centre of Biography, Australian National University – via Australian Dictionary of Biography.
  3. ^ Hardie Asbestos on Change Sydney Morning Herald 12 December 1950 page 9
  4. ^ "James Hardie (1851-1920)". 150 Years: 150 Lives. Brighton General Cemetery (Vic). 1 September 2008. Retrieved 17 January 2012.
  5. ^ James Hardie consol profit £200,403 The Sun 2 June 1952 page 18
  6. ^ "James Hardie Asbestos Victims Compensation: Background Facts" (PDF). The City of Newcastle. Archived from the original (PDF) on 2 October 2013. Retrieved 11 November 2012.
  7. ^ Handen Zeren, E., Gurmurdulu, D, Roggli, V. et al. (2000). 'Environmental Malignant Mesothelioma in Southern Anatolia: A Study of Fifty Cases'. The National Institute of Environmental Health Sciences 108(11): 1047-1050.
  8. ^ Ferodo-Hardie Merger Railway Transportation November 1961 page 8
  9. ^ Deal to buy 40pc of Hardie-Ferodo Canberra Times 29 August 1980 page 18
  10. ^ "All About Fiber-Cement Siding". thisoldhouse.com. 9 February 2012. Retrieved 14 October 2019.
  11. ^ Corporate Restructure 2001 James Hardie
  12. ^ Amended tax assessment James Hardie
  13. ^ James Hardie wins $300m payout from ATO ABC News 10 February 2012
  14. ^ Lives in the Dust Sydney Morning Herald 14 March 2009
  15. ^ James Hardie confirms relocation to Ireland Irish Independent 25 June 2009
  16. ^ "Locations". James Hardie Career Center.
  17. ^ Hardie pulls out Canberra Times 29 March 1988 page 33
  18. ^ "A brief history of the Australian Library of Art | State Library of Queensland". slq.qld.gov.au. 23 April 2021. Retrieved 17 May 2021.
  19. ^ In the Shadow of the Corporate Veil: James Hardie and Asbestos Compensation Parliament of Australia 10 August 2004
  20. ^ Davies, Jessie (11 July 2020). "State funeral held for freedom rider Uncle Lyall Munro Senior". ABC News. Retrieved 24 November 2022.
  21. ^ "Vale Uncle Lyall Munro Senior". Aboriginal Affairs. 17 July 2020. Archived from the original on 9 November 2022. Retrieved 25 November 2022.
  22. ^ McCulloch, Jock (2007). "The mine at Baryulgil: Work, knowledge, and asbestos disease". Baryulgil. Australian Society for the Study of Labour History, Inc. (92): 113–128. ISSN 0023-6942. JSTOR 27516191. Retrieved 25 November 2022.
  23. ^ Haigh (2006), pp. 137–138
  24. ^ Jarron (2009)
  25. ^ Lives in the Dust Sydney Morning Herald 25 September 2004 page 27
  26. ^ Haigh (2006), p. 130
  27. ^ "James Hardie Investor Relations – History". Retrieved 9 July 2012.
  28. ^ a b c Australian Council of Trade Unions (2007) James Hardie Asbestos Victims Compensation Background Facts Archived 7 October 2009 at the Wayback Machine
  29. ^ a b Jackson (2004), p. 9
  30. ^ Jackson (2004), p. 12
  31. ^ a b Sexton, Elisabeth (3 August 2004). "Lawyer's notes add to Hardie's asbestos saga". The Age. Retrieved 20 June 2013.
  32. ^ Jackson (2004), p. 30
  33. ^ Jackson (2004), p. 31
  34. ^ Ackland, Richard (30 July 2004). "Where the line of duty falls for legal advisers". The Sydney Morning Herald. Retrieved 20 June 2013.
  35. ^ Jackson (2004), p. 461
  36. ^ Jackson (2004)
  37. ^ Jackson (2004), p. 37
  38. ^ Jarron (2009), pp. 57–62
  39. ^ Hardie Promises to Support Victims Sydney Morning Herald 26 October 2004 page 2
  40. ^ Building Unions Black-Ban Products Australian Financial Review 30 July 2004 page 8
  41. ^ Hardie Report Not End of Fight The Australian 21 September 2004 page 3
  42. ^ Tax Laws Amendment (2006 Measures No. 1) Act 2006 Cth.
  43. ^ James Hardie Compo Deal in Doubt After Tax Ruling Sydney Morning Herald 24 June 2006 page 5
  44. ^ James Hardie compensation deal approved Sydney Morning Herald 7 February 2007
  45. ^ Fresh go at Hardie Granted Sydney Morning Herald 21 November 2007 page 2
  46. ^ ASIC takes action against James Hardie 7:30 Report 15 February 2007
  47. ^ ASIC Drops Criminal Pursuit of James Hardie The World Today 5 September 2008
  48. ^ James Hardie appeals court rulings ABC News 23 September 2009
  49. ^ "James Hardie directors lose final appeal". The Sydney Morning Herald. 12 November 2012.
  50. ^ a b "High Court rules against Hardie". Sky News. 3 May 2012. Retrieved 3 May 2012.
  51. ^ Donnellan, Angelique (6 August 2019). "'Home renovators beware': Handyman wins landmark $3m asbestos compo". ABC News. Retrieved 6 August 2019.
  52. ^ "Bad building, not James Hardie's Harditex caused leak, High Court finds". 11 August 2021.
  53. ^ "Devil's Dust". ABC.

Bibliography

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