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Date set for PFAS contamination class action on behalf of residents in NT, Qld

New trial dates have been laid down for a class action on behalf of residents in Oakey, Queensland, and Katherine, Northern Territory, who have been affected by PFAS contamination.

user iconJerome Doraisamy 26 September 2019 SME Law
Shine partner Joshua Aylward
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The residents of Oakley and Katherine are “one step closer to justice”, Shine Lawyers has proclaimed, with the announcement of new dates set for the PFAS trial in the Federal Court.

Per- and poly-fluoroalkyl substances (PFAS) chemicals were present in firefighting foam used by the Department of Defence in training facilities across Australia since the 1970s, Shine noted in a statement, saying that “these chemicals have contaminated local environments, negatively impacting residents, their land and their livelihood.”

The firm brought a class action on behalf of individuals in both Oakey and Katherine who own, or have owned, residential and/or commercial property in the contaminated area, and is seeking compensation for the economic loss suffered from a decline in value of residential, agricultural and/or business land due to the contamination.

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Shine partner Joshua Aylward said: “We’re happy the court has set down dates for the trial which will bring these matters closer to a resolution.”

“The sooner these matters can be resolved the better for the residents of Oakey and Katherine affected by PFAS contamination as they have been living in limbo for years. The residents of both towns have been exceptionally patient and resilient in waiting for this matter to come to a head,” he said.

At a recent case management hearing, Justice Michael Lee ordered the matter be set down for trial in 2020 in a two-staged approach over 10 weeks, which will be held from 1 April 2020 to 1 May 2020 and then 30 November 2020 to 24 December 2020 respectively, with a further case management hearing to take place on 27 September 2019, when it’s anticipated Justice Lee will make further orders in respect of expert referees, mediation and the matters to be determined at the first stage hearing.

The first case management hearing will “hear matters relating to documentary and lay witness evidence with a view to determining factual matters in dispute between the parties (such as the use, containment and disposal of the firefighting foam) as well as legal issues that are common between the all three actions (Oakey, Katherine and Williamtown)”, the firm said.

The second “is set to hear the remainder of the matters in dispute, which will largely relate to the amount of damages owed to the claimants”.

A mediation will take place for all three matters before the first stage hearing next year, Justice Lee ordered.

“The staged approach is a position which we advocated for and we are pleased to achieve this result as we believe it to be the most sensible and efficient way to finalise these proceedings,” explained Mr Aylward.

“Details in respect of the date for the mediation, the mediator and the location are yet to be determined, but we are encouraged that the court has requested that the parties mediate before the trial.”

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