Katherine Contamination Class Action

IMF Bentham is unconditionally funding a class action (the Class Action) against the Commonwealth of Australia (Department of Defence) (Commonwealth) in connection with contamination at Katherine, in the Northern Territory.

If you wish to register for the Class Action, please read this information page carefully, then click on the 'Click here to register' button to provide your details.

What is the Class Action for?

The Class Action relates to contamination from the Commonwealth's use of fire-fighting foam at the RAAF Base Tindal, near Katherine in the Northern Territory (the Site).

It is alleged that the Commonwealth allowed chemicals, within fire-fighting foam, to escape from the Site, causing damage to property owners and businesses for which the Commonwealth should be liable to pay compensation.

The Commonwealth has been undertaking an investigation into the extent of the contamination. A summary of the Tindal Investigation is available online.

Who is conducting the Class Action?

The Class Action will be run by Shine Lawyers Limited (ASX: SHS) (Shine), one of Australia's leading litigation companies in the area of environmental class actions. The proceedings will be funded by IMF Bentham Limited (ASX: IMF) (IMF), Australia's largest litigation funder.

Current stage of case

Open to sign up. The claim was filed in the Federal Court of Australia (NSW Registry) on 02 August 2018.

How much will it cost to be part of the Class Action?

The Class Action will be run on a no win – no fee basis, with costs paid by IMF. This means you won't have to pay any fees unless the claims are successfully resolved and then those fees are deducted from the Resolution Sum.

If the Class Action is unsuccessful and the claims are lost, IMF will pay the Commonwealth's costs, and you will pay nothing.

How to participate in the Class Action

You can register your interest in the Class Action by providing your details on this website.

Registration is free and without obligation.

Once you have registered your interest, you'll be sent a registration pack that explains the next steps, and contains IMF's Funding Agreement and Shine's Retainer for you to sign, if you wish to proceed. The Funding Agreement contains some questions about yourself, your property and any business you may run from your property. It may help if you have details of your property and / or business at hand before starting.

You may wish to obtain independent legal advice before you sign the Funding Agreement and Shine's Retainer, and IMF encourages you to do so, if you don't understand any aspect of the documents.

Am I eligible to participate in the Class Action?

Property owners and businesses affected by the contamination, are potentially eligible to participate in the Class Action.

To participate, you must as at 23 November 2016 have been, within the Investigation Area:

  • A property owner in Katherine; and/or
  • A business owner/operator in Katherine.

If you are unsure whether you are eligible to participate in the Class Action, please contact IMF.

How do I find out more about the Class Action?

If you have any questions you can contact the IMF Client Liaison Team by email on [email protected] or by calling
1800 016 464 (Tollfree).