Members of the Wreck Bay community have condemned a $22 million settlement over toxic chemical contamination, dramatically tearing up the agreement on the steps of the Federal Court in Sydney just moments after it was approved by a judge.
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In emotional scenes, 91-year-old Elder Aunty Jean Carter said no amount of money would make up for the devastating loss of culture caused by perfluoroalkyl and polyfluoroalkyl (PFAS).
"The colossal grief of our people will never be recovered for generations to come," Aunty Jean told the court on Monday, calling PFAS the "grim reaper".
The historic settlement was reached on May 25. It came days before the Wreck Bay Aboriginal Community Council's class action for cultural loss and property damage caused by PFAS contamination was set to go to trial.
More than 950 people are eligible for a share in the funds, while Shine Lawyers sought to deduct $5 million to cover legal costs.
The class action launched in 2021 and represented residents living near the neighbouring HMAS Creswell and the Jervis Bay Range Facility bases, and those who use the land for traditional or cultural purposes.
The Australian Defence Force investigated the two defence sites in March 2017, with the results detecting PFAS in surface water, groundwater and sediment around the base.
After the chemicals were detected, authorities restricted access to some areas, including Mary Creek, which was traditionally used to swim and fish for abalone, oysters and lobsters.
Emotional pleas
A bus load of Wreck Bay residents travelled three hours to hear Judge Michael Lee's decision on whether the settlement was "fair and reasonable" to the group members.
A dozen people pleaded with the judge to not approve it, delivering emotional speeches about how the devastating loss of culture was impossible to quantify through a monetary value.
Mother and cancer survivor, Ashlee Williams, recalled how thriving off a diet rich on fish and crustaceans had been woven into her existence from a young age.
The fact she can't share sacred practices with her children pains her - the anxiety made worse by an advanced cervical cancer diagnosis in her late twenties.
"My kids will never have the opportunity to experience these practices," Ms Williams, 34, said through tears.
"This heart-wrenching reality stems from my fear of exposing them to this water. People of Wreck Bay have succumbed to these diseases ... cancer, heart attacks ... I refuse to gamble with the health and wellbeing of my children.
"But now they are being robbed of the opportunity to know our country."
Shayna Williams agreed the settlement amount was unjust and expressed it was her duty to future generations to appeal it.
"We want to let the Commonwealth know that this cannot happen again. Our land has been poisoned," she said.
"We can no longer live off the land down there because of this contamination.
"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 spoke of how they can no longer walk on country, fish, eat bush medicine or swim in the water they grew up in. Aunty Jean invited the judge to the Wreck Bay cemetery - "full of young people" - to show the impact of PFAS exposure she claims is killing people prematurely.
However Justice Lee continuously emphasised the class action was not related to personal injury, and advised community members to take advice on commencing such a claim.
"I've been very conscious of ensuring nothing prevents pursuing that in the future," Justice Lee said.
It was made clear that the settlement did not mean the Department of Defence admitted responsibility for PFAS contamination.
Joint head of class actions Craig Allsopp said while the majority involved in the claim had not objected to the settlement amount, the group who made submissions today believed the claim is worth more.
"We'll continue to do all that we can to support our clients through this journey as we now look to distribute compensation fairly across group members," Mr Allsopp said.
Earlier in May, the federal government agreed to pay $132.7 million to settle a class action, launched by seven communities - including in Wagga Wagga and Wodonga - impacted by the toxic foam used on defence bases.
Ready to fight
Defence barrister William Edwards acknowledged that putting a dollar value on the cultural loss suffered would be "incongruous, and even inappropriate" in the eyes of some Wreck Bay community members.
"But as your Honour says, that's all that can be done for these sorts of claims," he said.
Mr Edwards added if the case went to trial, there was a real risk of ending up with an amount less than agreed upon.
This didn't matter to James Williams, who said the group that arrived by bus would look into by appealing the settlement.
"We started with nothing, it doesn't matter if we finish with nothing, as long as we fight," the Wreck Bay man said.
Painted in ochre, Joe Brown took to the court and said he wanted future generations to look back on this day with pride.
"A thousand years from now, our children's children's children's are going to know that on the 19th of June in 2023, a small contingency of our community have stood tall against the Department of Defence to try and ensure their futures."
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Grace Crivellaro
Court reporter for the Illawarra Mercury.
Court reporter for the Illawarra Mercury.
