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RAAF Williamtown: Hundreds of NSW residents launch class action over groundwater contamination

AM By Katherine Gregory Updated Thu Nov 03 07:57:43 EST 2016



Photo
Contamination from the Williamtown RAAF base has effected hundreds.
1233 ABC Newcastle: Robert Virtue

New South Wales residents have officially launched a class action against the Defence Department, seeking compensation for contaminated groundwater from the RAAF Williamtown base.

More than 400 people from Salt Ash, Williamtown and Fullerton Cove say their property values have declined and they have suffered mental anguish since finding out their groundwater contains the toxins PFOS and PFOA.

Resident Lindsay Clout said residents wanted to force Defence to deal with the problem and clean up the area.

"Banks are withholding loans in the area, valuers are not coming to site when they find out it's in the exclusion zone," he said.

"Those people are locked into no-man's land. They have no future because they have no equity in their property."

Department's response a 'slap in the face'


Photo Residents were briefed about a possible class action back in April.
ABC News: Jackson Vernon

Lawyer Ben Allen, who is representing the residents, said he filed the proceedings yesterday on instruction from those unhappy with the Department's response to a letter of demand sent several weeks ago.

Mr Allen said that letter asked for remediation and compensation out of court.

"The response from Defence as far as my client was concerned was wholly unsatisfactory and a slap in the face for them," Mr Allen said.

"What we received from Defence was a one-and-a-half page response which indicated they aren't in a position to respond to demands being made, that they required a whole-of-government response."

Residents near Williamtown were told about 18 months ago their groundwater was contaminated with PFOS and PFOA, which were used in firefighting foam at RAAF Williamtown until about five years ago.

The contamination means residents cannot drink their bore water or eat home-grown vegetables or eggs from farmyard chickens.

Other communities 'similarly devastated'

Mr Allan said 17 other RAAF sites around Australia were similarly affected, including the Queensland town of Oakey in the Darling Downs, which is also working toward a class action.

"I think this means that other communities similarly devastated around the country will also need to look to how this is progressing and take action in their own communities, and Defence will need to engage in a serious way," Mr Allen said.

Law professor Vince Morabito from Monash University said he believed this was the first class action against Defence.

He said while the class action was significant in Australia, since environmental litigation is rare, it was too soon to determine if it would set a precedent.

"A class action is a procedural device that allows claims by numerous people, it makes those claims financially rational to be litigated," Professor Morabito said.

"At the end of the day the perception or the assessment by the plaintiff lawyers on how strong the substantive claims are is likely to become the most important factor.

The Defence Department has been contacted for comment

And on a separate legal update on Oakey;

Oakey residents secure funding for class action against local army base over contaminated groundwater
Katherine Gregory Thu Oct 06 08:24:20 EST 2016


Photo
The firefighting foam has contaminated land and ground water.
CRC CARE

Residents of a Darling Downs town affected by contaminated groundwater are one step closer to pursuing a class action against the Federal Government after securing funding, their lawyer says.

Toxic firefighting chemicals perfluorooctane sulfonate (PFOS) and perfluorooctanoic acid (PFOA) have leached into groundwater beneath at least 30 Australian Defence bases, including the Oakey Army Aviation Centre in Queensland.

A recent United Nations report ruled the chemicals had significant human and environmental health effects.

Shine Lawyers' legal partner Peter Shannon said after receiving funding from litigator funders IMF Bentham, the firm now had the green light for legal action and to win residents compensation.

"The funding is approved but it has to be conditional upon enough people joining the action to warrant bringing what is an expensive and complex piece of litigation," Mr Shannon said.

"It's fantastic that an organisation as large and as experienced as IMF are willing to back funding and assure people of funding."

He said the process would be highly regulated.

"[It's] very different to normal litigation and widely misunderstood and that's why it will take us a while to explain to people before they make the decision whether they'll want to be involved," Mr Shannon said.

About 300 people are interested in the action.



Photo The light blue "plume" shows the extent of groundwater contamination over Oakey.
Supplied: Department of Defence

Now, let's watch as team Pumpkin Head and his motley crew try to covertly change some laws through parliament that ensures these folk (only the beginning) are denied natural justice and full compensation.

TICK  TOCK......most definitely