Katherine PFAS class action to be heard in two-stage, 10-week trial

‘The residents of Katherine have been exceptionally patient and resilient in waiting for this matter to come to a head.’

Shine Lawyers Lachlan Brimblecombe and Julia Younger met with the Katherine community to discuss the PFAS class action last year. PICTURE: Patrina Malone

A CLASS action between Katherine residents and the Australian Defence Force over PFAS contamination will be hashed out in a 10-week trial in the Federal Court next year.

In July, Shine Lawyers confirmed almost every one of the outback town’s roughly 7000 residents had joined the lawsuit alleging the ADF negligently allowed the firefighting foam to escape from RAAF Base Tindal, contaminating soil and groundwater.

The trial was initially listed to start last month but will now be held in two stages beginning in April next year, following scheduling issues.

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The first stage of the proceeding will hear arguments on factual matters in dispute between the parties, including the use, containment and disposal of the firefighting foam.

Stage two later in the year will largely relate to the amount of damages potentially owed to the Katherine residents, along with claimants in Oakey in Queensland and Williamtown in NSW where PFAS was also used.

Justice Michael Lee has directed that a mediation take place for all three claims before the first stage hearing next year.

Shine Lawyers special counsel Joshua Aylward welcomed the setting of the court dates as bringing the class action closer to a resolution.

“The sooner these matters can be resolved the better for the residents of Katherine and the other communities affected by PFAS contamination as they have been living in limbo for years,” he said.

“The residents of Katherine have been exceptionally patient and resilient in waiting for this matter to come to a head.

“The staged approach is a position which we advocated for and we are pleased to achieve this result as we believe it to be the most sensible and efficient way to finalise these proceedings.”

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Mr Aylward said he was encouraged the court had requested that both parties meet with an independent third party with a view to settling the matter.