Peter Gordon, a prominent litigator from Melbourne, is making headlines for his role in what could be Australia's largest class-action settlement related to the robodebt scandal. However, a case he took on 40 years ago in Western Australia remains a defining moment in his career.

Gordon reflects on the Wittenoom asbestos mining disaster as a pivotal point for occupational health and safety standards in Australia. He described the conditions at the mine as "Dickensian in the worst sense of the word." The blue asbestos mined in Wittenoom from the late 1930s to the mid-1960s exposed thousands to hazardous fibers, leading to over 2,000 deaths linked to mesothelioma, a rare and deadly cancer. The number of cases is expected to rise as mesothelioma can take decades to develop.

In 1987, at the age of 30, Gordon was introduced to the Wittenoom case after winning the first mesothelioma negligence case in Australia. He teamed up with fellow lawyer John Gordon to represent Wally Simpson, a former worker at the mine. Their investigation was initially thwarted by a locked gate at the mine site. "I thought the only way to solve that problem was to break in," Peter Gordon recalled.

Without protective gear, the two lawyers and a photographer gathered crucial evidence of the mine's unsafe working conditions. "It was a really dangerous thing to do," he said, noting that he has not developed mesothelioma despite the risks.

This trespass marked the beginning of a lengthy legal battle against the Colonial Sugar Refining (CSR) company, which owned the mine. In 1988, CSR lost a significant compensation case brought by Klaus Rabenalt, a German-born worker who had contracted mesothelioma. This case set a precedent, as it was the first time a company was ordered to pay punitive damages in an Australian industrial negligence case. "There was pandemonium in the courtroom," Gordon recalled.

Despite this victory, the repercussions of the Wittenoom disaster continue to affect the Banjima people, the traditional owners of the land. Nearly 60 years after the mine's closure, over 3 million tonnes of asbestos-laden waste remain unremediated. Wittenoom is now part of a 46,000-hectare exclusion zone, restricting the Banjima people's access to their ancestral land.

The Banjima Native Title Aboriginal Corporation (BNTAC) has been lobbying the Western Australian government for a comprehensive cleanup of the site. In 2023, Banjima elders authorized BNTAC to prepare for legal action to compel the government to act. Gordon expressed his commitment to assist, stating, "The Banjima people have the highest per capita incidence of mesothelioma in the world."

In September, Gordon and Banjima representatives met with West Australian Premier Roger Cook to present a detailed remediation proposal. They warned that if the government did not take significant action by the end of the year, they would pursue legal action. "We can't wait forever," Gordon said, emphasizing the need for a thorough solution.

Gordon believes the premier is sincere in wanting to help the Banjima people. "Sometimes you can look into the eyes of someone and believe they've got goodness in their heart," he said.

In recent statements, Premier Cook acknowledged the gravity of the situation, calling Wittenoom a "tragedy on a massive scale." He noted that the Banjima's proposal is ambitious and that his team is exploring ways to assist.

Gordon hopes the premier will see the remediation of Wittenoom as an opportunity to rectify past wrongs. "This is a responsibility but it's also a privilege; it's a privilege to have the opportunity to right a wrong," he said. He believes this case will reveal much about the nation's character.

As the legal battle continues, the focus remains on the health and rights of the Banjima people and the legacy of the Wittenoom disaster.