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Darwin Contamination Class Action – Landholder claims

darwinCA

Shine Lawyers is currently investigating a class action against the Commonwealth Government for contaminating land and water in Darwin with PFAS chemicals. Firefighting chemicals used at the RAAF Base Darwin have been detected in surface water in the vicinity of the Base and the Commonwealth is currently investigating the possibility that these chemicals may have contaminated local water bores and moved via drains etc. into Ludmilla Creek and Darwin Harbour.

Landholder claims - Property and business owners

Shine Lawyers' Class Action department is investigating an action on behalf of members of the Darwin community who own residential or commercial property or businesses in the investigation area. The risk is that taint of contamination has the potential to negatively impact both business and land values, and could leave many residents with significant financial loss.

If wider PFAS contamination is established, the Darwin Class Action will be seeking compensation for loss of value of residential, agricultural and business land as a result of the contamination - these are known as landholder claims. If you own land or a business in the area being investigated by the Commonwealth, you may be eligible to join the class action.

Please note that the investigation does not cover any personal injury claims that may arise from exposure to PFAS contamination.

To help inform affected residents of their rights under the law, Shine Lawyers will be hosting a Pop Up Office on the following dates:

Location: Between Optus and Prouds, Casuarina Square, 247 Trower Road, Casuarina

Date: Monday 11 December & Tuesday 12 December

Time: 9.00am - 5.30pm

Contamination of Darwin groundwater

The Department of Defence has a history of using a type of firefighting foam - AFFF. AFFF contained chemicals known as per- and poly- fluoroalkyl substances (PFAS). These chemicals are concerning because they do not break down naturally and persist in water, plant, animal and human systems. Even small amounts of daily exposure to PFAS compounds can lead to relatively high concentrations over a lifetime.

Investigations are currently underway to determine the extent of land and groundwater contamination from the use of PFAS chemicals on the RAAF Base Darwin. For more information on the investigations, visit the Department of Defence website.

Am I eligible to join the class action?

The Commonwealth has commenced a detailed environmental investigation of the soil, surface water and groundwater surrounding the RAAF Base Darwin. As part of this investigation, the Commonwealth has released a map identifying the extent of the investigation area. A copy of the investigation area map can be found here.

Currently, to be eligible to join the class action, your property or business must be located in or around the investigation area. There are two main categories of individuals who will be eligible to join the action:

  1. Property owners within or around the investigation area whose land has been contaminated or has otherwise been impacted by the contamination; and
  2. Commercial businesses within or around the investigation area who have been impacted financially by the contamination.

Please note that the eligibility criteria for the class action may be amended as investigations progress. We'll keep you informed if anything changes.

Who is Shine Lawyers' Class Action team?

Shine Lawyers' Class Action team includes some of the firm’s most experienced partners, associates, solicitors and support staff, including researchers, law clerks and paralegals. The team handling the Darwin Contamination Class Action includes:

 

Nikki Stever
Nikki Stever
Julia Younger
Julia Younger

 

 

Our offer to you

  • Obligation-free consultation to assess your case confidentially

  • Claim assessment process where we will explain all of the options available to you

  • We can come to you - if you can't make it into the office we're more than happy to come to you

  • No Win No Fee arrangement

Common questions about Darwin Contamination Class Action – Landholder claims

The Darwin Contamination Class Action would be against the Commonwealth of Australia, Department of Defence (the Commonwealth).

If wider PFAS contamination is established, then it would be alleged that the Commonwealth negligently allowed contaminants in the fire-fighting foam to escape from RAAF Base Darwin, causing damage to property owners and businesses and/or causing unlawful impacts.
Health

Various studies have suggested that exposure to PFAS chemicals has the potential to cause adverse health impacts in humans.

A scientific panel in the US concluded that there was a probable link between exposure to one of the chemicals and kidney and testicular cancer, thyroid disease, pregnancy-induced hypertension, ulcerative colitis and hypercholesterolemia. Some research suggests broader health concerns.

Groundwater

There are concerns whether groundwater contaminated by PFAS should be used to water crops or livestock. The chemicals don't readily break down in natural systems, and increase through the food chain.

Shine Lawyers’ research has found that the UK Public Health authorities advise skin or eye exposure to the relevant chemicals may cause irritation. There is also uncertainty whether contaminated bore water is suitable for bathing.

Land Values

All the concerns about PFAS contamination have the potential to affect land prices in and around the affected area in Darwin. Property and business owners are at risk of significant financial harm as a result of taint causing drops in land value.
The two chemicals reported in off-base samples thus far are PFOS (Perfluorooctane Sulfonate) and PFHxS (Perfluorohexane sulfonate). PFOS and PFHxS are members of a group of chemicals known as per- and poly- fluoroalkyl substances (PFAS).

These are man-made chemicals that were first used to make non-stick frying pans in the 1950s. The chemicals were later used in a range of products including Scotchgard Sprays, carpet treatment, Gortex clothing and firefighting foams.
PFAS chemicals do not readily break down in the environment and are reported to be incredibly persistent in water, plant, animal and human systems.

The chemicals can be ingested by humans through drinking or eating (and possibly inhaling) substances that contain them. The chemicals are not easily eliminated from the body and accumulate. This means that even small amounts of daily exposure can lead to relatively high concentrations over a lifetime. The chemicals are said to have a half-life in the human body of around 4 to 9 years and are reported to accumulate primarily in the blood, kidneys and liver.

Studies have also revealed that the chemicals can increase through the food chain, with human exposure being shown to have occurred following ingestion of contaminated crops and livestock.
Various studies have suggested potential adverse health impacts in humans.

Following a class action in the US, a scientific panel concluded that there was a probable link between PFOA exposure and kidney and testicular cancer, thyroid disease, pregnancy-induced hypertension, ulcerative colitis and hypercholesterolemia.

There have also been adverse health effects observed in laboratory animals following deliberate exposure to toxic concentrations of PFOS and PFOA, including:
  • Liver, thyroid and pancreatic cancer
  • Changes in liver size, weight loss and increased allergic response in rats, and
  • Skin irritation and conjunctivitis in rabbits.


The effects of PFOS/PFOA exposure on developing children is not well understood.

The Commonwealth has indicated that it will be undertaking further human health risk assessments.
No. If the claim is unsuccessful, the litigation funder will become liable to pay any adverse costs on behalf of all claimants and any costs the litigation funder has paid up until that point will not have to be repaid.

Regardless of the outcome, the litigation funder and Shine Lawyers will only be repaid from any settlement proceeds, not out of the claimants’ pockets.
Shine Lawyers have expert No Win No Fee lawyers that can advise you on your rights and ability to make a class action claim. The below links contain further information regarding your legal options.

Why choose Shine
Client stories
Our history
Meet the team

Shine Lawyers also have accredited specialists in personal injury law in:

Queensland
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Jodie Willey, Brisbane
Kathryn Rayner, Townsville
Melissa O'Neill, Brisbane
Michelle Wright, Springwood
Roger Singh, Brisbane
Simon Morrison, Brisbane

VIC
prolapse mesh class action lawyers Victoria

Stuart Le Grand, Melbourne

NSW
prolapse mesh class action lawyers New South Wales

Ron Kramer, Fairfield
Susan Newman, Sydney
Zlatko Mackic, Liverpool

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