THE residents of Williamtown have filed a class action lawsuit against the Department of Defence.
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Law firm Gadens filed the class action in the Federal Court on Wednesday, after Defence gave what it described as an “unsatisfactory” response to its letter of demand.
By filing the proceedings, Gadens have officially set in motion what could be a years-long legal battle between residents of Williamtown affected by contamination from the RAAF Base and the federal government.
Gadens Partner Ben Allen said Defence’s response to their letter of demand was “wholly unsatisfactory”.
“The one-and-a-half page letter from the Department of Defence is a slap in the face for residents and business owners who have been looking for answers for over a year now,” he said.
“The response from Defence leaves our clients with no choice but to commence court proceedings and seek redress for the losses suffered and which continue to be suffered by all those affected by the contamination.”
The letter of demand, sent in October, urged Defence to avoid litigation and placing “further stress and anxiety” on the members of the class action, whose properties have been contaminated by fire fighting foams used on the Williamtown RAAF Base.
Mr Allen said the response had failed to provide timelines, or proposals for compensation or remediation.
“Defence indicated that they couldn't respond because it required a whole of government consideration and while those discussions had commenced they weren’t at a point where they were able to substantially respond,” he said.
He said he was “surprised” by the response from the government.
“I would expect Defence would have heard the level of seriousness of community members at being forced to get to this point,” he said.
“We would have expected serious engagement in terms of timelines for remediation and compensation, and we expected some level of admission in relation to the contamination.
“It is disappointing that the Department of Defence will not take responsibility for its actions.”
Fullerton Cove resident and class action spokesman Lindsay Clout said the Defence Department needed to act.
“The contamination has had a devastating impact on the local community and Defence needs to clean up the mess it has created,” he said.
Following the lodging of the class action statement of claim, Defence will have 28 days to respond. The case will then be listed for initial mediation within six to eight weeks.
The Department of Defence did not respond to requests for comment.