James Hardie told the inquiry it would stand by its proposal to fund a new statutory scheme, which would place a cap on compensation victims and prevent any legal action towards James Hardie. James Hardie counsel Tony Meagher, SC, said the newly proposed scheme was based on a KPMG actuarial report. Mr Rush has rejected the scheme. "The idea that these people be divorced from their legal representation ... we would strongly resist," he said. "The people I represent are determined that those rights are maintained."