Misunderstandings surrounding the Wreck Bay class action settlement have led to court staff being "threatened", a Federal Court judge has claimed.
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Just days before the Wreck Bay Aboriginal Community Council's class action was due to go to trial, the Commonwealth Government agreed to pay $22 million to those impacted by firefighting foam containing toxic PFAS (per- and polyfluoroalkyl substances) which seeped into sacred waterways.
The settlement amount was approved by the Federal Court last month, with an estimated $17 million going to Aboriginal people who had suffered cultural loss due to the pollution of Wreck Bay's land.
At a case management hearing on Monday, Justice Michael Lee said there had been two "unfortunate incidents" after the settlement was approved.
One of his staff was threatened, he said and a demonstration took place outside the court building.
"One thing that has concerned me in this case is the extent of misapprehension or misinformation that appears to exist," Judge Lee said.
The judge reiterated the class action was only to compensate PFAS contamination that has impacted properties, land values, and the cultural practices.
During the June hearing, about a dozen Wreck Bay people took to their feet to plead with the judge to not approve the settlement amount, delivering emotional speeches about how the devastating loss of culture has impacted them.
"We can no longer live off the land down there because of this contamination," Shayna Williams said.
"I'm sure you've all heard of the Stolen Generations, well I feel we are going to become the lost generation. Because we have lost our culture forever."
Many also mentioned the widespread health impacts they believe is caused by exposure to PFAS, which seeped into the land, waterways and food supplies in the 1970s after running off nearby Defence sites.
However Judge Lee emphasised the class action was not related to personal injury, and advised community members to take advice on commencing such a claim.
Defence has not admitted responsibility for PFAS contamination. About 1000 people are eligible in the settlement claim.
Joint head of class actions at Shine Lawyers Craig Allsop said the scope of the class action has been communicated to ensure group members understood what the compensation was awarded for.
- with AAP.
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