In May, the commonwealth government agreed to pay $22 million to those living in Wreck Bay, NSW after firefighting foam containing toxic PFAS – per- and polyfluoroalkyl substances – leaked into sacred waterways.
The settlement was then approved by the Federal Court, with an estimated $16.5 million going to Indigenous people affected in their cultural use of the polluted Wreck Bay lands.
On Monday, Justice Michael Lee said there had been two "unfortunate incidents" after the settlement was approved. One of his staff was threatened and abused, and a demonstration took place outside the court building.
This occurred amidst a misunderstanding of what the class action settlement entailed, including the mistaken belief that it covered legal claims for personal injury or health damages done by the PFAS chemicals.
"One thing that has concerned me in this case is the extent of misapprehension or misinformation that appears to exist," the judge said.
The class action only covers compensation for decreased use of the lands with any person living near Wreck Bay still able to file a lawsuit over any health concerns they claimed they had.
However, Justice Lee noted that further legal advice should be sought by anyone considering this course.
The court also heard a documentary by iKandy Films Pty Ltd on the PFAS contamination was in development with producer Katrina McGowen appearing to request audio from June's settlement approval hearing.
In that hearing, a number of objections to the class action settlement were aired in court, including those by individuals who incorrectly thought the money compensated them for any health issues.
With the local Indigenous community living in the area for tens of thousands of years, about 1000 Wreck Bay residents or land users are expected to be eligible for the settlement.
A maximum of $5 million will be given to Shine Lawyers for their costs of running the case.
A separate class action on behalf of land owners experiencing PFAS contamination near seven defence force bases around Australia settled earlier this year for $132.7 million.
This settlement has yet to be approved by the Federal Court with a three-day hearing set to begin on August 25.
As with the Wreck Bay case, this settlement would not bar individuals from suing over medical problems allegedly caused by PFAS.
The government has not admitted liability despite agreeing to resolve both cases.
In 2020, the first set of PFAS class actions regarding landholders at three defence bases in Katherine (Northern Territory), Oakey (Queensland) and Williamtown (NSW) was settled for $212.5 million.
Australia began phasing out certain types of PFAS-containing firefighting foams in 2004 but their use has left a costly legacy of contamination at defence bases and airports.
PFAS are sometimes referred to as "forever chemicals" because they don't easily break down and can accumulate toxins in plants and animals.
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