22Amaca liable for asbestos claims and contribution claims against Marlew

#### 22 Amaca liable for asbestos claims and contribution claims against Marlew 22 Amaca liable for asbestos claims and contribution claims against Marlew > > (1) Amaca is liable on and from the assent day in respect of a Marlew asbestos claim or Marlew contribution claim as if the asbestos mining activities conducted by or on behalf of Marlew at Baryulgil in respect of which the claim arises had been conducted by or on behalf of Amaca. > > > (2) Amaca’s liability under this Part is limited to liability in respect of a Marlew asbestos claim or Marlew contribution claim— > > > > > (a) that is a claim in proceedings against Amaca commenced during or after the assent day in the Dust Diseases Tribunal of New South Wales, or > > > > > (b) that is a claim in proceedings against Marlew commenced before the assent day in any court, tribunal or other judicial body constituted in Australia. > > > (3) This Part extends to a claim in proceedings commenced against Marlew before the assent day, so as to require Amaca to satisfy the claim (as a proven personal asbestos claim under the [James Hardie Former Subsidiaries (Winding up and Administration) Act 2005](/view/html/inforce/current/act-2005-105)) but only to the extent that the claim has not already been satisfied by Marlew, and as if— > > > > > (a) a final judgment entered by a court, tribunal or other judicial body against Marlew in respect of the claim were a final judgment against Amaca, or > > > > > (b) a binding settlement entered into by Marlew in respect of the claim had been entered into by Amaca. > > > > Note— > > > > Pending proceedings against Marlew can continue to finality (with judgment being satisfied by Amaca), and Amaca will be liable for claims already finalised but not yet paid by Marlew. > > > (4) This section does not prevent the discontinuance of any proceedings commenced before the assent day against Marlew and the commencement of separate proceedings against Amaca in respect of the claim concerned. > > > (5) This Part does not entitle a person to recover more than once in respect of a Marlew asbestos claim or Marlew contribution claim, and a person who recovers against either Amaca or Marlew in respect of such a claim cannot also recover against the other in respect of the claim.