Sydney—For over five long years three regional communities have fought relentlessly for justice for the contamination of their land, water and homes from the toxic chemical PFAS. It was announced today that the communities of Williamtown, Oakey and Katherine have reached an in-principle agreement with the Australian Government to settle three Federal Court class actions relating to the contamination of land surrounding Defence bases.
Below are quotes from representatives on behalf of the affected communities. Behind them were thousands of families who have suffered the toll of being trapped on contaminated land but refused to stay silent.
The announcement today that an in-principle agreement has been reached to settle these class actions against the Australian Government does not mark an end to the battle for this “forever chemical” to be cleaned up in Australia and for the Australian Government to take full accountability. The comments from the Australian Government today when announcing the terms of settlement are encouraging. They show that the Government will now take their responsibilities seriously and are committed to engaging with those impacted by PFAS contamination in Australia.
It is also a total vindication for the residents of Williamtown and its surrounding communities who have made their voices heard and refused to remain silent. The legal team at Dentons who worked so closely with the communities wish to acknowledge the tremendous resilience and courage of the residents. They were badly underestimated.
Feeling that their concerns were not being heard by the polluter of their land, it was a group of dedicated community members on behalf of Williamtown and its surrounding communities who travelled to Sydney and engaged global law firm Dentons and litigation funder IMF/Omni to take on one of the first ever environmental class actions against the Australian Government.
This was a complex legal matter but not only did the community spend significant time understanding the issues, they have, as acknowledged by the Senate, become national experts in the dangers and risks of PFAS. Dentons are proud to have stood with the community to ensure that their voices were heard.
The Senate twice recommended that communities be urgently compensated to allow people to move on with their lives. It should not have taken five years and tens of million dollars to resolve these issues, and compensation is only one part of the solutions needed to make communities safe from toxic “forever chemicals”. But today’s settlement shows that, finally, their voice is being heard.
These are the Australians who never wanted a fight but refused to back down when their Government forced them into one. The team at IMF Bentham / Omni Bridgeway backed the communities at Williamtown, Oakey and Katherine for five long years. We congratulate them on reaching this milestone, but more so we thank them for their courage in never stepping back in fighting for what’s right. Along with our fantastic legal team led in the Williamtown matter by Ben Allen of Dentons, we have been proud to share their every step and provide them with access to the justice they deserve.
Today’s settlement is in one sense five years too late. We shouldn’t have to sue our own government for basic justice. They underestimated local communities but left a dreadful emotional and physical toll that this contamination burden has placed on them.
Our legal team, Dentons, has been flawless and relentless. And for the community to take an action like this would cost tens millions of dollars so we are so thankful for IMF/Omni for not only backing us but for taking on a unique and challenging legal action.
We know there are other Australian communities still facing their own PFAS contamination.
Our message to them today is simple – keep fighting.
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