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Class action brought against Department of Defence
A multi-site class action will be filed on Thursday against the Department of Defence, alleging that more than 40,000 residents across Australia have been exposed to toxic chemicals used on military bases.
Jerome Doraisamy
National plaintiff firm Shine Lawyers is filing a class action on Thursday on behalf of residents of Richmond, Wagga Wagga (NSW), Wodonga (Victoria), Darwin (Northern Territory), Townsville (Queensland), Edinburgh (South Australia) and Bullsbrook (Western Australia) who have allegedly been exposed to poisonous chemicals found in firefighting foam used by military personnel.
The multi-site class action has been filed to compensate residents for significant drops in property prices, the firm said. According to research – conducted both independently and by Shine – PFAS chemicals “amass and persist in the environment and the PFAS levels in these towns are of serious concern”.
Shine special counsel Joshua Aylward said that the action is being launched for tens of thousands of victims exposed to PFAS “as a result of government negligence”.
“In some instances, property owners have seen the value of their land decrease by more than 50 per cent. We’re fighting to adequately compensate these property owners so they are not stuck living on contaminated land,” he said.
“Every aspect of residents’ lives is impacted by this contamination. These toxins are permeating the environment around them, with high levels found in rivers and creeks, livestock, crops, drinking water, and in people’s blood. Property prices are plummeting as a result of this contamination.”
Exposure to these toxic chemicals, Mr Aylward continued, has been linked to birth defects, some cancers, liver changes, raised cholesterol levels and heart disease among others.
“For Shine Lawyers and the people affected by PFAS, this action is about continuing to hold the government accountable for failing residents and putting their lives at risk,” he proclaimed.
“We will vigorously prosecute this case to protect property owners and to ensure that they cannot be further harmed by this dangerous and toxic chemical.”
The action being brought is an open class action, the firm noted, meaning that residents affected are automatically involved unless they elect to opt out of the action at a later date.
Lead applicant of the class action, Reannan Haswell – who moved to Bullsbrook 10 years ago with her partner Beaux Tilley – said that the pair holds serious concerns for the safety of their family and value of their property.
“We moved here in 2010 with our family expecting to set up a better life here and now we’ve lost our hope of that happening in Bullsbrook,” she said.
“Now we’re in a position where we’re afraid to let our children drink or bathe from our water supply, and we’re trapped on property with little or no value as a result of our exposure to PFAS,” Mr Tilley added.
“We can’t grow our property to suit our growing family’s needs. We can’t even renovate, we can’t even put in a pool.”
This latest class action comes after Shine and Dentons reached an in-principal agreement with the Australian government on behalf of the communities in Williamtown, Oakey and Katherine in late February, relating to the contamination of areas surrounding defence bases. Shine Lawyers represented Oakey and Katherine, while Dentons represented Williamtown during the settlements.
“We’re encouraged by Shine Lawyers’ success in the Oakey/Katherine class action and want to see the government held to account for its role in contaminating our town,” said Mr Tilley.
Jerome Doraisamy
Jerome Doraisamy is the editor of Lawyers Weekly. A former lawyer, he has worked at Momentum Media as a journalist on Lawyers Weekly since February 2018, and has served as editor since March 2022. He is also the host of all five shows under The Lawyers Weekly Podcast Network, and has overseen the brand's audio medium growth from 4,000 downloads per month to over 60,000 downloads per month, making The Lawyers Weekly Show the most popular industry-specific podcast in Australia. Jerome is also the author of The Wellness Doctrines book series, an admitted solicitor in NSW, and a board director of Minds Count.
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