Applicants ‘spat at’

PFAS settlement judgment says class action ‘divisive’ in Oakey

THE approved settlement distribution scheme for the Oakey PFAS contamination class action includes a $70,000 provisional payment for the “heavy toll” the case placed on two applicants.

In his judgment published this week, Justice Michael Lee approved the $212.5m class actions over PFAS contamination surrounding Royal Australian Air Force bases at Oakey, Williamtown and Katherine.

This included $70,000 for applicants Bradley and Sharyn Hudson.

Justice Lee said evidence had been given to indicate the class action was divisive in the rural town.

“Since their involvement in the Oakey class action, Mr and Mrs Hudson and their children have been the subject of frequent and sustained abuse by disgruntled community members which includes, as remarkable as it may seem, Mr and Mrs Hudson being spat upon, or at least spat at, while on the main street of Oakey,” he said.

The judgment also stated Mr and Mrs Hudson were confronted by community members “adverse to the notion of a class action being run”.

The scheme initially made provision for Mr and Mrs Hudson to receive $20,000 each, but Justice Lee increased Mr Hudson’s payment to $50,000.

“I agree that it is appropriate that Mrs Hudson have an award of $20,000,” he said.

“This amount reflects the time spent acting in a representative capacity. But having regard to the extraordinary circumstances recounted in the evidence (and taking into account the powerful submissions of Mr Edwards in this regard), I consider it is just that Mr Hudson be paid an amount of $50,000 in respect of the conduct of his role as a representative.

“I gather from the evidence that although there has been a toll extracted on the family as a whole, Mr Hudson in particular has suffered particular distress and vexation in conducting his role.”

Justice Lee said while some would be relieved to see the class action finalised, he admitted some would not be happy with the result.