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$132.7m settlement reached in PFAS class action
An agreement has been signed to settle a multi-site class action for $132.7 million after toxic PFAS chemicals negatively impacted around 30,000 residents spanning seven communities.
Lauren Croft
The class action group members, represented by national plaintiff firm Shine Lawyers, have today (15 May) come to a settlement agreement with the Commonwealth in the multi-site PFAS contamination class action against the Department of Defence.
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The trial was set to begin this morning in the Federal Court and was expected to run for six weeks, after residents allege that the Australian government let PFAS chemicals escape defence bases in a number of communities, contaminating soil and groundwater.
The action fought to compensate residents living near military bases in Bullsbrook (Western Australia), Richmond (NSW), Wagga Wagga (NSW), Wodonga/Bandiana (Victoria), Edinburgh (South Australia), Darwin (Northern Territory) and Townsville (Queensland) after their properties lost value due to contamination caused by these toxic chemicals.
PFAS is a class of harmful chemicals used by the Australian Department of Defence that does not break down and is known to accumulate in the body.
This came after the conclusion of a five-year legal battle that resulted in the Australian government settling three class actions for $212.5 million in the Federal Court relating to the contamination of areas surrounding defence bases.
Shine Lawyers joint head of class actions Craig Allsopp said that while the news of the settlement is positive, the confidential agreement is still subject to approval by the Federal Court.
“Group members in our class action have the protection of the court at all times. The next step in our negotiations is to present our in-principle agreement to the Federal Court. If the proposed settlement is found to be fair and reasonable, the court will approve it. More details about the settlement will be available when the court issues notices to group members in advance of the settlement approval hearing,” he said.
“It is always a good outcome when group members reach an agreement ahead of a trial to avoid incurring the extra costs and risks of complex litigation through the court. The settlement money, if approved, will go some way to compensate the seven communities in this class action for their losses; however, many are still stuck on contaminated land.”
This follows the launch of a compensation claim by Shine in February 2021, after approximately 500 Indigenous locals were impacted by contamination of the chemicals in Wreck Bay on NSW’s south coast. Shine noted in would continue to pursue compensation in this matter.
