30/05/2026
On 28 May 2024, the Australian Commonwealth Government commenced what Attorney-General Mark Dreyfus described as “the largest legal claim ever brought by the Commonwealth” when it filed proceedings in the Federal Court of Australia against Company and its local subsidiary, 3M Australia Pty Ltd. The action seeks more than A$2 billion in damages to recover costs the Commonwealth has incurred, and expects to continue incurring, in investigating, managing, and per- and poly-fluoroalkyl substances ( ) at 28 Defence bases across Australia. The scale of this litigation is without precedent in Australian environmental law and signals a fundamental shift in how liability is being framed at the highest levels of government.
The Commonwealth’s claim centres on allegations that 3M withheld critical laboratory testing data, its aqueous film-forming foam ( ) products as and safe for disposal, and failed to adequately disclose the severe and bioaccumulative risks associated with its formulations. AFFF, which contains (perfluorooctane sulfonate) and (perfluorooctanoic acid) among other PFAS compounds, was used extensively at Defence bases for training and over several decades.
The contamination footprint generated by those activities is now one of the most complex and costly environmental legacies in Australia’s history.
For environmental professionals advising developers, investors, councils, and in-house legal teams, this litigation reframes PFAS from a regulatory compliance challenge into a demonstrably quantifiable financial liability. The A$2 billion claim, combined with Defence’s already-expended A$1.3 billion response budget, establishes a concrete cost benchmark for large-scale PFAS contamination that will influence how site assessments, remediation feasibility studies, and transaction due diligence reports are scoped and costed for years to come.
⚖️ "This is the largest legal claim ever brought by the Commonwealth." The Federal Government has announced a significant legal action in the Federal Court of.