Conclusion
Despite the extensive international literature on the health dangers of asbestos exposure,
including the Australian Commonwealth government’s own listing of asbestos as health
hazard in 1922, Commonwealth and state governments supported the development of the
Wittenoom blue asbestos mine.
CSR’s lack of expertise in asbestos mining and their control of ABA Limited are
evident in the CSR Board meetings minutes. At its discretion, CSR directed the development
of the mine: the amount of expenditure for the day-to-day running of the operation, the
search overseas for appropriately qualified mining executives to run Wittenoom, and the
education of their personnel through visits to asbestos mines and factories in North America,
Europe and Africa, which those countries reciprocated.
The accumulated knowledge resulting from CSR’s international asbestos network, the
first hand Wittenoom experience of three senior CSR executives (K. O. Brown, Malcolm King
and Cecil Broadhurst) employed between the mid 1930s and the 1970s, as well as CSR’s
extensive technical and scientific library, provided the CSR and ABA Limited hierarchy with
the latest information about the hazards of asbestos and asbestos-related diseases. Yet they
ignored the dangers, as did James Hardie Industries Limited. Both companies sought to
126
Vojakovic & Gordon, Op Cit. p. 407-8.
127
McCulloch (2006), Op Cit. p. 15.
44
avoid liability for the injuries they caused their employees and the consumers of their
products. In May 2012 the High Court’s overturning of James Hardie’s appeal against its
directors’ guilty finding, for breaching their duty as directors, acknowledges the duty of care
companies owe to their employees. CSR’s management was never called to answer for their
lack of duty of care, despite the anonymous disclosure of CSR’s secret defence strategy in
1988.
The health consequences and financial burden to CSR’s early asbestos victims who
failed in early litigation writs were considerable. They and subsequent victims in the 1989
class action were only compensated because of the persistence of their legal representatives
to have handed over the thousands of documents whose existence CSR had denied during
the course of legal discovery. Nevertheless the onus for asbestos victims to prove the
legitimacy of their claim, given the short life expectancy of a year, is daunting. This situation
has prompted out of court settlements for smaller damages payments than may have
otherwise been determined in a court of law.
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