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Katherine PFAS Contamination Class Action

Update

On 26 February 2020 Shine Lawyers reached an in-principle agreement with the Department of Defence, successfully achieving justice for Katherine residents affected by the PFAS contamination. Of the total settlement figure negotiated for landholders in Katherine, Oakey and Williamtown, $92.5 million was attributable to the Katherine class action. On 5 June 2020 the Federal Court approved the settlement and distribution scheme which determines how compensation is distributed to members of this class action. We will communicate directly with group members to provide further information about their compensation entitlements.

What is the Katherine PFAS Contamination Class Action about?

In 2017 Shine Lawyers commenced a class action on behalf of members of the Katherine community whose land has been contaminated by PFAS chemicals used by the RAAF Base Tindal. The class action was filed against the Commonwealth of Australia, specifically the Department of Defence, and sought compensation for Katherine property owners for economic loss, including the diminution in value to their properties.

The Katherine PFAS Contamination Class Action followed the launch of a class action in Oakey by Shine Lawyers against the Department of Defence.

On 26 February 2020 Shine Lawyers reached an in-principle agreement with the Department of Defence, successfully securing compensation and acknowledgement for the impact the contamination had for the landholders in Katherine.

Click here to download a copy of the settlement approval judgment.

The Katherine PFAS Contamination Class Action did not did not include personal injury claims for exposure to the PFAS contamination.

Frequently Asked Questions

What is PFAS?

Per- and poly-fluoroalkyls (PFAS) are a class of harmful chemicals commonly found in products that reduce heat, stains, grease and water. They are common in many household products, such as carpets and non-stick cookware. PFAS are concerning because they do not naturally degrade. They are ingested by humans and animals, and accumulate in the body. A small amount of daily exposure can lead to high concentrations over time.

PFAS soil and groundwater contamination can lead to high levels of the chemical in drinking water, agricultural land, animals and residents.

The full effect on human health is not known.

Who was the claim against?

This class action was filed against the Commonwealth of Australia, specifically the Department of Defence. It was alleged that the Department of Defence negligently allowed firefighting foam to escape from RAAF Base Tindal. It was alleged this foam contained chemicals that contaminated the soil and groundwater, subsequently impacting the value of surrounding properties and businesses.

What was the claim for?

The Class Action was brought on behalf of property owners and businesses for diminution in land and/or business values as a result of the contamination.

The Katherine PFAS Contamination Class Action did not did not include personal injury claims for exposure to the PFAS contamination.

What is a class action?

When Governments, large companies or institutions do the wrong thing and people are harmed or suffer loss as a result, an individual can have little to no means of bringing a legal claim.

Class actions are an important mechanism within Australia’s legal system that allow large groups of people to come together to pursue a claim collectively.

For a class action to take place, there are three criteria that need to be met:

  1. There must be 7 or more people that have claims against the same defendant; and

  2. The claims relate to the same or similar circumstances; and

  3. The claim must relate to at least one common issue of law or fact.

For more information about how class actions resolve, click here.

How long do class actions take to resolve?

It can take up to several years for a class action to resolve. The time taken from case commencement through to resolution and settlement administration depends on the particular case, and the nature of the claim.

For more information about class actions and how they work, click here.

Does it cost anything to join a class action?

Shine Lawyers is committed to ensuring that everyone, regardless of their background or financial situation, has access to justice. We run our class actions in a way that means you are not exposed to any costs or financial risk, so joining a class action will cost you nothing.

When a class action is successful, the legal fees and costs to run the class action are deducted from the settlement amount that is approved by the Court. If the class action is unsuccessful, we will ensure there are no out-of-pocket costs to you.

Will my contact details be kept private?

Yes, your contact details will remain confidential and we will seek your consent before disclosing any of your personal information (including before such disclosure is required by the Court).

Shine Lawyers will only use your personal information strictly for the purpose of the legal proceedings.

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