Chris Stackpoole appeared for the first defendant, instructed by Maddocks.
The case involved interlocutory disputes in a commercial proceeding between Brisbane Airport Corporation (BAC) and Airservices Australia (ASA), concerning PFAS contamination at Brisbane Airport. The central issues included was whether the BAC was entitled to broader disclosure of documents relating to PFAS contamination and remediation efforts at Brisbane Airport and other Australian airports. The Court considered whether such documents were directly relevant under an existing document management plan and whether timetabling adjustments were warranted for expert and lay evidence in preparation for a 12-week trial scheduled for August 2026.
The Court ordered disclosure limited to five specific categories of documents proposed by ASA relating to the water treatment plant at Brisbane Airport, rejecting BAC’s broader request. It declined BAC’s proposed orders for disclosing documents concerning treatment of PFAS at other airports, finding them not directly relevant. The Court relieved both parties of their Harman obligations, granted ASA extensions for expert and lay evidence per their staggered date draft order, and extended BAC’s responsive expert report deadline to 30 April 2026. The court did not make orders with respect to objections to evidence, written openings, and BAC’s proposed ‘top-up’ evidence pending further review. The parties were directed to submit a draft order reflecting the agreed directions and decisions, with costs to be addressed separately.
The judgment can be read by clicking here
