King & Wood Mallesons (KWM) has advised Gladstone Ports Corporation (GPC) on the settlement of a long-running class action in the Queensland Supreme Court, with GPC securing a significant payment towards its legal costs. The settlement, that binds the plaintiffs and group members, was approved on 27 October by the Supreme Court of Queensland and brings to an end a long running dispute over whether or not alleged environmental harm could be sheeted home to GPC.
GPC consistently denied the allegations in the class actions and had raised on many occasions prior to settlement the challenges with the causal path in the class action that was being funded by LCM.
Originally filed in 2017 and set down for a 13-week trial commencing in September 2025, the proceedings have now been resolved on terms that require no admission of liability by GPC and provide for a payment towards its legal costs. The settlement reinforces the challenges there are with the causal pathway for environmental tort class actions. An outstanding costs order in GPC’s favour as part of the appeal proceedings also remains to be determined and paid to GPC.
The KWM team was led by Partners Emma Costello and Emma Lawrence and supported by Partner Peta Stevenson, Special Counsel Stephanie Puris, Senior Associates Rebecca Smith, Hannah Luxford and Rohan McPhee.
Commenting on the settlement, Partner Emma Costello said:
“We are pleased to have supported GPC in achieving a favourable resolution of this long-running matter. The outcome highlights the importance of a strong and strategic defence in complex class actions, especially those featuring environmental torts that funders like to commercialise, and reflects KWM’s depth of expertise in managing high-stakes litigation.”
Partner Emma Lawrence added:
“This outcome underscores our commitment to clients in commercial litigation and our reputation as trusted advisors in large-scale class actions.”
Building on this result, KWM continues to demonstrate its strategic approach to securing successful outcomes in highly complex litigation, particularly claims alleging environmental torts and strict economic loss. It follows our representation of the Commonwealth in relation to the environmental contamination class actions concerning use of firefighting foam at various Department of Defence bases.
