Red Zone residents Jenny and Terry Robinson had hoped the class action settlement with the federal government for PFAS contamination on their property would have provided them with enough compensation to leave the area.
Subscribe now for unlimited access.
$0/
(min cost $0)
or signup to continue reading
They now accept that won't be the case.
The couple who live on Cabbage Tree Road are among a growing number of class action members who have called on Federal Court Justice Michael Lee to reject the proposed $86 million settlement.
"I don't agree with the drive-by valuations. It also worries me that they (the class action lawyers) went into mediation before they knew what they needed to get," Ms Robinson said.
"They (the steering committee) have made it clear that they are happy with the settlement and they expect everyone else to be happy. They are asking me to accept a settlement without knowing how much it will be."
The Newcastle Herald has spoken to six class action members who have written to the court to voice their concern that the proposed settlement is unfair and should be renegotiated.
The deadline for submissions closes on Thursday afternoon.
READ MORE:
The court refused to disclose the number of submissions it has received, however, Salt Ash resident Rob Rosenworn said he had spoken to 180 class action members who had expressed dissatisfaction.
After considering the submissions, Justice Lee may appoint an amicus- a independent barrister who would represent the interests of class action members.
The matter is due to return to court on June 4 where settlement proceedings may commence.
However the appointment of an amicus, which would set a legal precedent, would likely mean the already tortuous journey travelled by those seeking compensation would be drawn out further.
Costs for the Williamtown class action are expected to be about 37 per cent of the community's settlement.
Mr Roseworne, who estimates he has lost in excess of $200,000 in property and business value, was also highly critical of the class action lawyers and steering committee.
"Whilst the majority of the Oakey residents have received from their lawyers an estimate of their settlement figures, we here in Williamtown have not been told even an estimate but are asked to agree to a settlement from a position of darkness," Mr Roseworne, who has requested the parties be sent back to the negotiating table, wrote.
"How in all honesty could we be asked to sign off on a structure that can not even be explained. Again the community is being kept in the dark. A light needs to be shone on the conduct of the lawyers, funders, key litigants and steering committee."
Former commander of Williamtown RAAF base John Donahoo has also written to the judge urging him to reject the deal.
Mr Donahoo lives at Medowie and is not a class action member, however, he said he felt compelled to speak out because of the government's "miserable treatment" of PFAS victims.
"The agreement reached between the parties in the current PFAS case before the Federal Court does not provide for just compensation and does not solve the PFAS problem. The litigation funder is motivated by short term profit and the Commonwealth is motivated to minimise the total payout to the class action members. Neither have concern for all of the PFAS affected landowners."
Mr Donahoo has also called for the NSW Environment Protection Authority to prosecute the Commonwealth of Australia for pollution of the base.
"In the name of decency, I request that you, on behalf of the NSW State Government, recommend to the NSW EPA that they prosecute the Commonwealth of Australia for its PFAS pollution at RAAF Base Williamtown," he wrote.
"Such action would be entirely consistent with the NSW submission to the Federal Joint Standing Committee on Foreign Affairs, Defence and Trade in 2018."
Members of the Oakey class action, who will lose about half of their $34million settlement in costs, have also written to the judge.
Oakey resident Dianne Priddle said she was unhappy about the "astronomical profit" made by the funders.
"I feel like the lawyers and funder are in the business of PFAS - it's not about the people," she said.
Mrs Priddle's farmland is still contaminated. "Nobody will buy our property, not in a year, not in 10 years, not in a hundred years," she said.
While you're with us, did you know the Newcastle Herald offers breaking news alerts, daily email newsletters and more? Keep up to date with all the local news - sign up here
- Back to work: first pictures as training resumes for the Newcastle Knights
- Four Hunter courts to share in $9 million statewide upgrade fund
- Third man charged after shotgun, poker machine and prohibited drugs seized on Central Coast
- Confirmed Hunter coronavirus cases at a standstill, data reveals
- Coal export boost 'sends wrong message', resident group argues