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Class action against Department of Defence over alleged PFAS chemicals contamination to begin in Federal Court

Darwin resident Sue has joined the class action over PFAS contamination of properties. (ABC News: Michael Franchi)

When Sue's husband and pet dog Molly began suffering a string of breathing and heart problems that mimicked hers, she didn't take too much notice.  

But other odd things were happening at her property – a stone's throw away from Darwin's Royal Australian Air Force Base.

An avid gardener, Sue struggled to grow vegetables, other plants were floundering; a film of dust blanketed everything and their health and immunity issues were getting worse.

"I know old age is old age, I'm turning 60 in a couple of weeks, but for our dog to have the same symptoms as us is a bit strange," she said.

Over the past few years, Sue — a government worker who didn't use her real name for fear of retribution — and her partner, have spent thousands of dollars attempting to find out why their health was deteriorating.

Sue's dog Molly has been suffering from breathing and heart problems. (ABC News: Michael Franchi)

"We have Sinusitis and high cholesterol levels," Sue said.

"A CT scan revealed I have this massive colony of Pseudomonas (a bacteria typically found in soil, which do not usually cause infections in healthy people).

"The doctor said he's never seen such a [large] colony in someone — it's only usually found in third-world countries."

Then, around two years ago, a letter arrived in the mail, asking home owners to join a class action lawsuit suing the Australian Department of Defence over PFAS contamination.

That's when "the penny dropped", Sue said.

'Trying to right a wrong'

A multi-site class action launched by law firm Shine Lawyers on behalf of around 30,000 residents from across Australia begins in the Federal Court in Sydney on Monday.

Expected to run for six weeks, the class action is suing the Australian government, alleging it allowed toxic PFAS chemicals to escape defence bases and contaminate soil and groundwater in surrounding communities.

The chemicals, known as per-and polyfluoroalkyl substances (PFAS), were widely used in firefighting foams at defence force bases until the early 2000s.

The class action has been filed on behalf of landowners in Wagga Wagga (NSW), Richmond (NSW), Wreck Bay (NSW), Wodonga (VIC), Darwin (NT), Townsville (QLD), Edinburgh (SA) and Bullsbrook (WA) to compensate them for significant drops in property prices.

The current area being investigated in Darwin stretches around the base, from the suburb of Millner to Winnellie, and out to sea.

Plants and vegetables at Sue's home have struggled to grow. (ABC News: Michael Franchi)

"Residents have been trapped on contaminated land for years," Shine Lawyers' head of class actions Craig Allsopp said.

"They are unable to sell their properties or enjoy simple freedoms like running the tap for a glass of water or to bathe their children.

"Toxicology reports point to PFAS levels in the eight areas of investigation being dangerously high. It's time the government showed some accountability."

Mr Allsopp said the class action was "trying to right a wrong" by attempting to ensure affected property owners were compensated.

The growing PFAS contamination crisis has already caused significant problems for the Australian government.

In 2020, it settled a $212.5 million class action over property value loss, distress and vexation with the communities of Katherine in the Northern Territory, Oakey in Queensland and Williamtown in NSW.

A major study on the health effects of PFAS in Katherine in 2021 by the Australian National University found there was no conclusive evidence of increased risk of cancer or disease.

But other studies have raised concerns about reproductive issues and impacts on immunity, with the European Environment Agency also finding "high certainty" of links to liver damage, kidney and testicular cancer.

Trapped in the contamination zone

While the class action could bring about compensation for Sue and thousands of others, she says no amount of money will settle the ongoing battle with contamination.

Sue no longer grows vegetables in her garden. Her and her partner rarely sit outside, and their washing is never hung up to dry in the sun.

Property prices in their area are so low, moving has become out of the question for now, and Sue worries if she'll never be able to sell.

Attempts to find out the extent of PFAS on her property have been futile, Sue said, and she worries about whether the dust that drifts from the defence base – just a hundred metres away — is contaminated.

Sue is unsure how much impact PFAS has had on her property.

"You've got to give [the Department of Defence] the benefit of the doubt — did they know about the contaminants?" she said.

"But I don't like the way the [department] is saying no, it's got nothing to do with us.

"It shouldn't be denial. It should be taking ownership of it, dealing with it and rectifying, and paying people out that need the money for medical bills and their properties."

A spokesperson for the Defence Department said it "actively supports and informs local communities affected by PFAS contamination near its establishments".

The spokesperson said defence had been collaborating with state, territory, and local governments to respond to PFAS contamination, including remediation efforts, risk management, and limiting PFAS migration from defence sites.

"It is not appropriate for Defence to comment further as the matter is the subject of current court proceedings," they said.   

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