Lofty’s story: decades of loyal work repaid with lung cancer

“Dad worked like a demon. He did 12 hour shifts, sometimes seven days a week, for years and years,” says Paul Tabbitt, recalling his childhood growing up in Ballarat. He remembers his parents, who worked alternating shifts at the Bendix Mintex factory outside town, would stop just long enough for a kiss on the cheek before going to work.

But like hundreds of other loyal Bendix Mintex workers, Paul’s father was being exposed deadly asbestos dust every day he went to work. That dust would later take his life.

Ivan Tabbitt, affectionately called “Lofty” for his height, worked for Bendix Mintex for 36 years. Originally born in England, Lofty migrated to Australia with his wife, Lyn, and two sons in 1967. He also brought his ferocious work ethic: arriving to work early, leaving late, and often going in on Sundays to prep the machines for the week.

Bendix Mintex was one of Ballarat’s largest employers, producing a wide range of friction materials for motor vehicles, such as brake pads, clutch linings, gaskets and insulation. The key ingredient in these products was raw asbestos, which employees would mix with cement or glue.

While the dangers of asbestos had been known for decades, Bendix Mintex was slow to phase it out of manufacturing. They continued to use it until a ban was introduced in 2003. That was far too late for generations of workers who had already been exposed to the life-threatening dust.

Paul remembers Lofty’s long-sleeved blue overalls would be blackened and his face creased with dust after work—and he can never forget the smell.

“It was like burning hot metal. The dust would strip the paint off the aluminium in the washing machine” he said.

Lyn also worked at Bendix Mintex as a machinist. She remembers the sooty haze that filled the workplace. Her husband was only offered a thin face mask for protection.

Golden years lost

The Tabbitt family joke that Lofty was always 30 steps ahead of his wife, remaining sharp, active, and a little bit restless after retiring in 2004. He played with his grandkids and great grandkids, and helped Lyn take her Shetland sheep dogs to dog shows. Then came the pains and dizzy spells.

A scan showed Lofty’s lungs lit up like a Christmas tree. He was diagnosed with primary lung cancer caused by his workplace exposure to asbestos. It spread so rapidly Lofty’s oncologist described it as one of the most aggressive cancers she had seen.

In between doctor appointments and hospital visits, Lyn was looking for documents when she found a letter from Maurice Blackburn Lawyers in 2014 that she had filed away. The letter described all of Lofty’s symptoms and said he could be eligible for compensation.

Paul immediately turned to Maurice Blackburn for support because of our deep understanding of asbestos-related disease claims. We were there for the family from the beginning, visiting Lofty in hospital and providing guidance and reassurance every step of the way.

“The law was there for us”

As Lofty’s condition rapidly deteriorated, the Tabbitt family was focused on making the most of their remaining time with him. That’s why we’re here to help with the complex tasks involved in making a compensation claim—so our clients can focus on what matters.

“We needed somebody to guide us, and Nadia kept it very real from the first day. There were no false promises. It was all very matter of fact, which is how we roll,” says Paul.

Time is critical in asbestos-related cases, which is why we immediately began investigating all angles of Lofty’s claim, assembling a comprehensive legal strategy that would get him the highest possible settlement.

Lofty’s case was simplified because he had worked at Bendix Mintex for nearly 40 years, but we were also able to draw on insights gained from working with previous clients to find supporting evidence that would make Lofty’s claim even stronger.

Lofty received the maximum compensation permitted by legislation, an amount totalling hundreds of thousands of dollars. Despite this success, Lofty passed away on 10 December 2024.

“The law was there for us and we’re really grateful for the settlement,” says Paul, who refers to the compensation fund as “Dad’s money.” He says no amount will ever replace his father, or the harm done by Bendix Mintex. 

“We’ve been able to buy Mum another house – but it’ll never be Mum and Dad’s house.”

If in doubt, get advice

Asbestos-related diseases can take anywhere from 15 to 50 years for them to develop from the date of exposure. Symptoms often become apparent when victims are retired, and at first they can be dismissed as the normal effects of aging.

If you think you’ve been exposed to asbestos in any setting, you should raise this with your treating general practitioner.

If you’ve been diagnosed with an asbestos-related condition, speak to a specialist lawyer as soon as you can.

We offer free initial consultations where we can advise you on your potential rights and entitlements to compensation. There’s no obligation to go ahead after this consult, but if you decide you want to pursue a claim then we’ll represent you on a No Win, No Fee basis.

We can help with disease exposure claims

Our experienced lawyers have a long history of fighting for the rights of people suffering from asbestos, silica and other dust related illnesses. If you've been diagnosed with a dust disease, you may have a claim for compensation.