James Hardie Industries and its lawyers Allens Arthur Robinson could face contempt of court charges. NSW Attorney-General Bob Debus has received legal advice that his office has the power to take such action.

The state’s Crown Solicitor has been told to assess evidence to determine whether contempt could be proved and whether Allens should be referred to the Legal Services Commissioner for professional misconduct.

“The process of combing through the evidence to establish if there is a case is a long and arduous one,” Mr Debus said.

“I do not expect to receive final advice on these matters for many weeks but we will certainly prosecute if we are advised that there is sufficient evidence.”

An Allens spokesman said it did not agree with Commissioner David Jackson’s view that it may have breached its duties in relation to the scheme of arrangement for compensating asbestos victims. “However, the commissioner has made it clear that this did not result from a deliberate act.”

“He also finds that it is not clear that any such breach caused loss, or that even if disclosure had been made that subsequent events would have turned out differently.”

Allens continues to advise James Hardie on some matters, but it says there are specific commission-related matters on which it will not act for the group.