The ongoing legal dispute over toxic chemical pollution at Brisbane Airport has been delayed after Airservices Australia was allowed to file new expert evidence.
Background to the Contamination Dispute
Brisbane Airport Corporation (BAC) is pursuing legal action against Airservices Australia (ASA) over contamination linked to firefighting foam used at Brisbane Airport between 1988 and 2010. The firefighting foams contained per- and polyfluoroalkyl substances (PFAS), often labelled as “forever chemicals” because they remain in the environment for extended periods.
The case was initiated in 2017 and is considered one of Queensland’s most complex environmental legal proceedings. BAC is seeking to recover clean-up costs from ASA.
Court Allows New Expert Evidence
On 24 April 2025, the Supreme Court of Queensland ruled that ASA could submit two additional expert reports, one from an environmental chemist and the other from a hydrologist, by 31 August 2025. These reports are expected to support ASA’s defence ahead of the scheduled 12-week trial in August 2026.
BAC maintained the reports should be submitted by 2 June 2025 to minimise additional delays. However, the court opted for a later deadline to ensure the completeness and reliability of the evidence.
Delays and Criticism of ASA
The court noted ASA’s repeated failures to meet deadlines, including missed document submissions in late 2024. The delays have placed pressure on BAC’s lead expert witness, who is 71 and expected to retire by the end of 2025.
Justice Paul Freeburn criticised ASA’s conduct but concluded that a fair trial required allowing the new evidence. He acknowledged the potential for further procedural delays due to dependencies between expert reports.
Next Steps in the Legal Process
The court will next consider formal orders and which party should bear the legal costs associated with ASA’s late application. The trial remains listed in the Supreme Court’s Commercial List and is scheduled to commence in August 2026.
Published 1-May-2025
