27 January 2013

Premier may keep Wivenhoe Dam gates open


CAMPBELL Newman has declared he could keep the gates of Wivenhoe Dam open as the southeast braces for days of heavy rainfall.

Mr Newman said some parts of the southeast were expected to receive up to 300mm of rain, which could force more water than initially planned to be dumped from Wivenhoe.

"I believe that there is a likelihood of more water being released," Mr Newman said yesterday following an emergency briefing.

"I don't see it stopping. I actually see a potentially higher discharge rate.

"That again is because we are all trying to make sure that we have the very best position when the rain really does start to come down."

www.CourierMail.com.au

27.1.13


COMMENT:  The Premier Campbell Newman is proving very shrewd over this issue. If Anna Bligh and Stephen Robertson had been similarly prepared to stand up to the faceless bureaucrats in Seqwater, the 2011 Brisbane River flood may have been avoided. 


26 January 2013

Warnings of heavy rain and destructive winds for Brisbane until Monday



THE WEATHER bureau has warned of heavy rain and destructive winds of up to 125km/h for Brisbane from tonight as central Queensland is slammed by severe weather.

The bureau issued the alert this evening and warned of possible flash and riverine flooding.

In the next few days about 300mm of rain is expected in Wivenhoe Dam catchment, upstream of Brisbane, and coastal areas could get as much as 500mm.

Premier Campbell Newman said controlled releases from the dam are continuing and there is no doubt it will be able to cope with the influx of rainwater in the coming days.

"We can absorb that flood," he said.

The biggest risk will come from suburban creeks in the Gold and Sunshine Coast and greater Brisbane area.


26.1.13

Campbell Newman is live on Sky News now re the rain & flooding

Latest BOM Warning for SEQ

IDQ20032
Bureau of Meteorology
Queensland Regional Office


TOP PRIORITY FOR IMMEDIATE BROADCAST

SEVERE WEATHER WARNING
for DESTRUCTIVE WINDS, HEAVY RAINFALL, ABNORMALLY HIGH TIDES and DANGEROUS SURF
For people in the 
Wide Bay and Burnett, 
Southeast Coast and parts of the 
Darling Downs and Granite Belt Forecast Districts.

Issued at 11:32 am Saturday, 26 January 2013.

Synoptic Situation:
At 10am EST, Ex Tropical Cyclone Oswald was slow moving over the Central
Highlands and Coalfields district, about 75km northeast of Emerald and 290km west northwest of Gladstone [note corrected position]. 

Ex Tropical Cyclone Oswald is expected to remain slow moving for much of today before shifting south southeast on Sunday. 

A trough extends from Ex Tropical Cyclone Oswald to the southern Capricornia coast.

Damaging winds, with peak gusts of around 100km/h are possible over the Wide Bay and Burnett, northern stretches of the Sunshine Coast and northern parts of the Darling Downs and Granite Belt district, particularly over higher terrain. These
conditions are expected to contract southwards into the Southeast Coast district
and also extend west to the Great Dividing Range during Sunday, with destructive wind gusts in excess of 125 km/h possibly developing Sunday afternoon or
evening.

Heavy rainfall which may lead to flash flooding is expected over the Wide Bay and Burnett district and Southeast Coast district, extending west to the Great
Dividing Range. 

Six hour rainfall accumulations in excess of 100mm are likely,
particularly during Sunday. This could lead to rapid river and stream rises. 24 hour rainfall accumulations in excess of 250mm are likely.

Currently, the heaviest rain is located on radar over the southern Capricornia
district and through northern stretches of the Wide Bay and Burnett district.

Areas near Gladstone and south to Bundaberg have recorded 200 to 500mm in the 24
hours to 9am Saturday. Some areas through the southern Capricornia have now
recorded close to 900mm over the past 48 hours.

Water levels on the morning high tides are likely to exceed the highest tide of the year about coastal and island locations from Burnett Heads to the New South
Wales border during Sunday and Monday. The sea level is likely to rise above the normal tide and the exposed beaches will experience damaging waves and flooding of some low lying areas close to the shoreline.

Dangerous surf conditions, with significant beach erosion, are expected to develop along the coast from Burnett Heads to the New South Wales border from
today, but particularly Sunday and Monday. This includes Hervey Bay and northern parts of Moreton Bay.

Flood Warnings are current for various rivers and streams in these districts, see www.bom.gov.au/qld/warnings.

A separate Severe Weather Warning is current for the Capricornia and Central
Highlands and Coalfields districts.


Emergency Management Queensland advises that people should: 
 * Move your car under cover or away from trees. 
 * Secure loose outdoor items. 
 * Seek shelter, preferably indoors and never under trees. 
 * Beware of fallen trees and powerlines. 
 * Avoid driving, walking or riding through flood waters. 
 * Keep clear of creeks and storm drains. 
 * Surf Life Saving Australia recommends that you stay out of the water and
stay well away from surf-exposed areas. 
 * Check your property regularly for erosion or inundation by sea water, and if
necessary raise goods and electrical items. 
 * For emergency assistance contact the SES on 132 500. 


The next warning is due to be issued by 5:35 pm.

Warnings are also available through TV and Radio broadcasts, the Bureau's
website at www.bom.gov.au or call 1300 659 219

The Bureau and Emergency Management Queensland would appreciate warnings being broadcast regularly. 

Brisbane River at Woogaroo Ck Goodna at the Boat Ramp. The river has risen by 1 metre since yesterday afternoon. No roads are under water in Goodna. In January 2011, the river rose 16.4 metres at Goodna, so there is no cause for any alarm.

Seqwater advises: Wivenhoe Dam releasing at 400m3/sec. Colleges Crossing will close 10am. Check local Council for road, bridge & flood information.

Look what's coming: BOM radar image at 6.42am

25 January 2013

Wivenhoe to release water - but not on Seqwater's advice

People dodge the rain on Friday afternoon
 in the Brisbane CBD ahead of a forecasted
 wet weekend. 
Water will be released from Wivenhoe Dam in anticipation of up to 300 millimetres of rain being dumped on southeast Queensland over the weekend.

However, the order to release the water did not come from Seqwater.

Instead it came from Energy and Water Supply Minister Mark McArdle who, along with Premier Campbell Newman, told reporters it was designed to reassure people who were concerned about river flooding.

Wivenhoe Dam during a water release.

Mr Newman said Seqwater "fully supported" the decision and 41,000 megalitres would be released from Wivenhoe Dam over 24 hours from Friday afternoon.
Advertisement

The Bureau of Meteorology is forecasting 200-300 millimetres to fall on Brisbane, the Gold Coast and the Sunshine Coast on Saturday and Sunday.

The Wivenhoe Dam's water supply capacity is currently at about 91 per cent.

Once it reaches 100 per cent, it can hold another 100 per cent of water for flood mitigation.

In January 2011 the Wivenhoe Dam reached about 170 per cent after months of sustained rain.

During the flood dam releases peaked at 645,000 megalitres.

This weekend's release of about 41,000 megalitres represents about 1.8 per cent of Wivenhoe Dam's total capacity.

On Thursday Seqwater engineers advised the government there was no need for a water release.

When directly asked if its advice had changed, Mr Newman refused to answer.

"The situation is changed, the BOM forecast is changed, the rainfall estimates are much higher now from the BOM," he said.

"And as a result there has been, obviously, a re-evaluation.

"I'm quite happy to say, as Premier, a former lord mayor ... we're not just sitting here waiting to be given advice, we'll actively consider the matter."

Mr Newman said the real concern in Brisbane over the weekend would be suburban flooding, and stressed the importance of avoiding a "tragedy" by making sure children did not play in stormwater drains or swollen creeks.

Mr Newman's warning came as Police Minister Jack Dempsey prepared to tour central Queensland towns which had been lashed by ex-tropical cyclone Oswald.

Mr Dempsey slammed people who ignored warnings and were caught up in swift water.

"If it's flooded, forget it," Mr Dempsey said.

"We have seen some ridiculous situations throughout Queensland in the last 24 hours where people have unnecessarily put emergency services workers' lives at risk just simply for a little bit of tomfoolery."

www.BrisbaneTimes.com.au

25.1.13

Terri Benson - CEO Seqwater
COMMENT: Today's decision by the State Government to overrule Seqwater and order the release of water from Wivenhoe Dam must come as a huge kick in the guts to the new Seqwater CEO Terri Benson who has been in the job only 25 days.

Parachuted into the job after the former CEO Peter Borrows was given the Royal Order of the Boot on New Year's Day, Ms Benson must be severely embarrassed that her organisation has been overruled by a Premier appears to be more in touch with the feelings of the people of southeast Queensland than Seqwater will ever be.

Ms Benson has 2 options - cop it sweet or head back to the Central Coast of New South Wales where life is free of the stresses like constantly worrying about when the Premier is next going to publicly humiliate you.

BOM Alert at 4.45pm: Heavy rainfall which may lead to flash flooding is expected over the Wide Bay and Burnett district and areas of the Southeast Coast district north of Brisbane for the remainder of today, extending through remaining parts of the Southeast Coast district late tonight or early Saturday. 6 hour rainfall accumulations in excess of 100mm are likely.


There is no flooding at any of the usual hotspots around Goodna - Albert Street, Smiths Rd, Lower James Street, Woogaroo Street or Lower William Street.

Albert St Goodna between Alice St
 and Smiths Rd Friday afternoon.

This site will be updated as the rain depression approaches Ipswich and Brisbane during the next 72 hours.

You can also follow the latest flood news and Brisbane River updates at: www.facebook.com/paultully

Water to to be released from Wivenhoe Dam at 4pm


SEQ Water have confirmed that they expect to commence releases from Wivenhoe Dam at 4.00pm this afternoon at the rate of 300m3 per second. 

This will result in the closure of Colleges Crossing by approximately 9.00am tomorrow

SEQ Water are advising Department of Transport and Main Roads who will manage the closure as a State controlled road.

Goodna Boat Ramp at 3pm today.



Brisbane River at the Goodna Boat Ramp, off Noel Kelly Dr

The Brisbane River level is about normal level at 3pm today.

There is definitely nothing for the residents of Greater Goodna to be concerned about.

Water from Wivenhoe Dam releases will take 16 - 20 hours to get to Goodna.

Colleges Crossing is likely to be closed from about 9am tomorrow Saturday.

State Government is releasing water from Wivenhoe Dam this afternoon as a precaution. Everything is OK around Goodna, Gailes & Redbank. No need to panic - tell your neighbours.

The firm preparing to launch a class action against dam operators for the 2011 floods is yet to decide which court to file

Maurice and Blackburn lawyers principal Damian Scattini
addresses the crowd at a public meeting for
a proposed flood class action against the
State of Queensland on behalf of
thousands of victims
of the 2011 floods.

THE law firm expected to represent thousands of flood victims in a looming lawsuit against dam operators will be venturing into uncharted legal waters, and not everyone signed up for the case will be coming with them.

Maurice Blackburn and its lawsuit funder IMF have not made a final decision on where to file, but have initially rejected the Federal Court despite a track record of class action settlements there.

Complex litigation such as the flood case can take years and, unlike NSW and Victoria, Queensland does not have a class action procedure.

A Queensland lawsuit would be a representative action in the Supreme Court, alleging negligence in the flooding of parts of Brisbane and Ipswich in 2011.

Maurice Blackburn class action principal Damian Scattini said it was wrong to assume the case would be settled and not go to trial locally.

"Our preference is that it be litigated in Queensland. It happened in Queensland's back yard," he said.

However he said a filing south of the Queensland border was being considered.

About 4400 people registered with the law firm.

Hopes are high for a large payday, but experts say that is unlikely.

Most cases don't go to court, and are settled for amounts that give people a tiny share of their loss, after fees are deducted.

To strengthen their case and provide for larger payouts, law firms often reduce the size of the class or representative group, they say.

Mr Scattini said it was inappropriate to discuss the number of lead applicants now.

"We'll assess things at the end of registration," he said.

University of New South Wales associate law professor Michael Legg said deciding to go to the Supreme Court could be risky as the process was not suited to multiple complaints.

Monash University professor Vince Morabito said class actions filed in the past 20 years in the federal courts had a 50-50 chance of being settled for between $2 million and $200 million.

Prof Morabito did not think it would be difficult for Maurice Blackburn to get the flood class-action into the Federal Court by alleging trade practice breaches such as misleading and deceptive conduct.

"Maurice Blackburn must demonstrate to the Federal Court it has jurisdiction over the matter, negligence is not sufficient. But I don't think it would be difficult to identify legislation that would give them that jurisdiction," he said. "It's not hard."

www.CourierMail.com.au

25.1.13

Brisbane and southeast face localised flooding over weekend with potential for 300mm to fall before Monday

Heavy rain caused a big washout along part of the
Bruce Highway at roadworks at Cardwell.
Cardwell resident Les Harris looks at the damage. 

BRISBANE and parts of the southeast face localised flooding this weekend, with the potential for about 300mm or more of rain from today until Monday.

It will be the first good drenching of city back yards in six months and will be followed by hot and muggy conditions next week.

By the time it dissipates, the monsoon low will have brought rain to more than 2000km of Queensland's coast and parts of NSW.

Torrential rain has lashed north Queensland, with Ingham, Halifax and Tully and parts of Townsville suffering some flooding.

More than 25 bulk carriers were forced offshore yesterday as huge seas and torrential rain whipped up by ex-Cyclone Oswald shut down loading at Hay Point near Mackay, one of the world's biggest coal ports.

Port authorities expect it is likely to be a three-day delay costing the state $8.5 million a day in royalties.

How the weather will descend on southeast Queensland.

In the Whitsundays, tourists embraced the wild weather by surfing and kite boarding as airports reopened.

The rain also flushed out the odd north Queensland local, including two crocodiles seen walking on roads in Ingham.

Rainfall in the southeast over the next four days is expected to range from 100mm to 300mm.

Heaviest falls will be near the tropical low and under isolated storms, with the coast being battered by rough seas.

Brisbane's mean January rainfall is 159.6mm.
Townsville residents Alexander Colley, 10,
Jaaron Colley, 7, and Ryley Colley,
won't let a little flooding stop them
from enjoying their last few days
 of the school holiday.
The low's impact in parched inland areas will be much less than on the coastal strip.

The Mackay to Gladstone region was copping the brunt of it yesterday, with Samuel Hill north of Yeppoon recording 148mm in six hours. Rockhampton had 79mm, Carmila to the north 73mm and Gladstone to the south, 58mm in the same period.

The remains of Oswald should be just north of Rockhampton this morning.

The weather bureau expects the monsoon low to be between Gladstone and Bundaberg tomorrow.

Weatherzone forecaster Melissa MacKellar said there was a low possibility of the system reforming into a cyclone tomorrow.

A cruiser was washed onto rocks at Airlie Beach
 yesterday as the bad weather generated by
ex-Tropical Cyclone Oswald set in. 

"It looks like Brisbane is going to be a bit wet but at least the risk of cyclone development in the tropical north will decrease for a while after this," she said.

Ingham Mayor Rodger Bow said most houses escaped inundation despite localised flooding.

"The heavy weather has backed off, the river is subsiding and the system has moved south. Now, we have to sit and wait for the water to go down," Cr Bow said.

Ex-Cyclone Oswald was heading southeast yesterday at 24km/h, with wind gusts of more than 125km/h.


25.1.13

SES delight with $2million Redbank Plains depot: Ready for next flood

READY FOR ACTION: SES Goodna group
 leader Howard Hancock with volunteers
 at the new SES Redbank Plains depot.

SES LEADERS have welcomed the new $2 million facility at Redbank Plains that represents the biggest investment in the service in Queensland history.

The facility, built by Ipswich City Council to replace the old Goodna SES Unit depot at Bellbird Park, features a floodlit car park with 64 spaces, a large shed for all the SES equipment and vehicles as well as a new main administration building housing a kitchen, meeting rooms, operation room and offices.

SES Goodna group leader Howard Hancock said the new facility was "state of the art and purpose built for what we need" to give the service more scope to cope with natural disasters.

"Our numbers have swelled and we now have a lot more room for training. It has tripled our area," he said.

"We can deploy more teams from here and service other areas if need be ... and we have got the room for other teams to come in and help."

Ipswich Mayor Paul Pisasale said he valued the work of the SES in the community and the new complex would "allow the group's members to continue to provide first-class assistance to the community".

"The city's SES members are at the forefront when any disaster strikes our community and we are extremely grateful for the work carried out by our local volunteers," he said.

"Their skills were especially tested during the January 2011 flood in Ipswich and they came through with flying colours, once again demonstrating the vital role they play in our community." Cr Pisasale encouraged Ipswich residents to join the SES and become one of the "orange brigade".

The chairwoman of the council infrastructure committee, Cr Cheryl Bromage, said the new facility would service the growing Goodna catchment including future developing areas such as Springfield and Ripley Valley.

"We are ensuring they have the necessary equipment and tools available to allow them to be ready, willing and able to support the local community whenever they are needed," she said.

"The SES depot is a vital part of the city's disaster preparedness ... and is well positioned to meet the needs of the Ipswich community well into the future."

Ipswich SES local controller Arie van den Ende was also over the moon about the new complex. "Everybody is envious of what we've got," he said.


25.1.13

Flood victims to get at least 70% of compensation: Lawyers

Flood victims heard from class action lawyers
Maurice Blackburn at a public meeting
 held at the Ipswich Showgrounds.
Maurice Blackburn partner Rod
Hodgson talks to the crowd.

FLOOD victims will not lose a cent to law firms if the class action against the State Government is unsuccessful.

That is the guarantee of Maurice Blackburn principal Damian Scattini regarding the no win, no fee class action.

There have been many comments on the QT website about this issue and among them are those saying that people will miss out and the lawyers will be the ones to benefit.

But Mr Scattini said residents signing up for the class action would not be out of pocket.

The risk is being underwritten by litigation funders IMF Australia.

"If someone recovers say, $100,000 out of this, they will have to pay a percentage of it to IMF," Mr Scattini said.

"The worst-case scenario would be 30% to the IMF and they (the flood victims) keep the balance.

"But they don't pay anything if it is unsuccessful and don't pay anything as the case goes along.

"If the case loses, usually you would have to pay the other side's costs.

"But they won't have to because IMF will pay that for them. IMF is also paying all the experts."


25.1.13

24 January 2013

Engineers Australia demand more detail over flood litigation


Law firm Maurice Blackburn says a report
by U
S hydrologists claims Wivenhoe Dam
 operators were negligent in the 2011 flood crisis.

The engineers association has challenged lawyers preparing a class action over the 2011 Queensland floods to release more information.

Law firm Maurice Blackburn says a report by US hydrologists claims the operators of Wivenhoe Dam were negligent and caused unnecessary damage to thousands of homes in Brisbane and Ipswich.

This week the law firm announced the Queensland Government and Seqwater would soon be facing a billion-dollar lawsuit over the management of Wivenhoe Dam during the 2011 flood crisis.

But Engineers Australia Queensland president Simon Orton says the evidence is not clear and details of the report need to be made public.

"For example, how they calibrated the model, how they matched the model to record the flood data, the survey information on the ground and the riverbed levels on the flood plain - and certainly what dam operational rules or assumptions were applied to their model," he said.

"Essentially the lawyers have some made some allegations and we would like to see the community is served best by making that information become public."

Yesterday Queensland Treasurer Tim Nicholls said people claiming compensation for flood damage would be taking money from fellow taxpayers.

Mr Nicholls says while both Seqwater and the Government carry insurance for such matters, a large claim would affect the State's bottom line.

"Queenslanders should understand that any payout that the Government makes to anyone comes at a cost to the Government of Queensland," he said.

"I think it's very premature to say what will be the outcome when we haven't seen the claim.

"We haven't even seen the name of the engineers who have provided the report."

www.ABC.net au

23.1.13

COMMENT:  Engineers Australia is - as usual - continuing to act like buffoons over this whole issue.  They are challenging law firm Maurice Blackburn to release confidential information and reports in advance of the proposed legal challenge in the Queensland Supreme Court.  Why?  No doubt, so they can rip the reports apart in support of their engineering mates who are now under pressure as a result of what Maurice Blackburn have discovered about the operation of the Wivenhoe Dam in January 2011.  As if Maurice Blackburn would be that stupid.  The sooner Engineers Australia butts out of this emotion-charged legal debate and leaves it to the lawyers and the parties involved  to resolve the various issues, the better.  Meanwhile, Engineers Australia should be stocking up on huge quantities of humble pie because that it what they are likely to need before this whole matter goes away and disappears from the public arena once and for all.

"Flood maps as close to being accurate as we are going to get" - Sean Choat MP

A flooded McGill Street home in Basin Pocket.

IPSWICH West MP Sean Choat said his government would honour any court judgement on a class action on behalf of flood victims and has backed the flood maps released by Maurice Blackburn lawyers as the best that could be expected in the circumstances.

The class action against the State Government, to be launched by Maurice Blackburn, will aim to prove that the Wivenhoe Dam was not operated to a standard expected of a reasonably competent dam operator.

Mr Choat said areas he represents such as Fernvale and Lowood were devastated by the flood and that "if someone was at fault, then people are entitled to be compensated".

"If that is at a cost to government, then so be it," he said.

If someone was at fault, then people are entitled to be compensated. If that is at a cost to government, then so be it.

"I was involved quite heavily in the recovery. People in the next street were inundated and we took a family into our home. Obviously the government of the day is no longer there, but we are now responsible and we should not shy away from our responsibilities."

The flood maps released by Maurice Blackburn have been criticised in certain quarters.

Several people in the green section of the map, where there would have been no flooding had Wivenhoe Dam been operated correctly, have said they didn't flood.

"But from what I can see the maps we have are as close to being accurate as what we are going to get," Mr Choat said.

"The only way to go one better is to go from house to house. There are satellite photos they have been able to use that have been able to give a better assessment of what areas were affected than we had back 1974, when a lot of it was based on hearsay."

Maurice Blackburn principal Damian Scattini said the flood lines on the released maps were "the product of aerial mapping done by Ipswich City Council, Brisbane City Council, the Department of Environment and Resource Management and the Queensland Reconstruction Authority".

"Our experts have said what would have happened had the dam at Wivenhoe been operated correctly," he said.

"Some people have said that they didn't flood at all and they were in the green ... but that is entirely consistent with our experts' model that said they shouldn't have flooded. But it was the government and council maps that said they had flooding."


24.1.13

COMMENT: Sean Choat, Member for Ipswich West has taken a sensible and appropriate stance on this issue.  Many of his constituents suffered enormously in the 2011 flood, so his support is very welcome to ensure that claimants in a class action by Maurice Blackburn Lawyers get their day in court, now that the State Government has said it will respect any legal decision to compensate flood victims.  Sean Choat has the interests of the the people of his electorate genuinely at heart and all flood victims will be thankful for his continuing efforts on their behalf and his statement of support today.

Fee cut entices insurers to join Brisbane River flood class action

Maurice Blackburn lawyers are preparing
 a class action over the 2011 disaster.

INSURANCE companies will be offered a better payout deal than householders in the planned flood class action in a bid to convince them to sign.

The company financing the action will waive some of its cut of any settlement as a carrot to attract insurance companies to join in and boost the scale of the claim.

Household flood victims who joined the class action would have to pay financing firm IMF 28 per cent of any payout, while insurers and developers would pay only 22 per cent.

John Walker, of IMF, said the floods had cost the industry "billions" and he was talking to "insurers, underwriters, brokers, reinsurers and agents" about coming on board.

"Their support is not essential or critical, but, if it was provided, the claim will proceed," he said.

Suncorp, which paid out on thousands of flood insurance claims, said it had been approached but would not join.

A spokeswoman said: "We don't intend to seek recovery of our losses. We have determined that we wouldn't join the class action."

A spokesman for RACQ, which had the second-largest exposure in 2011, said the insurer had not been approached.

IMF had collected about $1.2 billion for clients in the last 10 years and averaged a return on its investment of about 28 per cent, Mr Walker said.

He expected a lower rate of return on the flood claim because of its large size.

There was no target in terms of numbers of claimants but the total size of the claim would have to be at least in the "tens of millions" for it to make financial sense for his firm, which would risk upwards of $10 million on the suit.

Claimants would be sent questionnaires in the next couple of months to determine the size of their uninsured losses.

An expert on class actions in Australia said law firm Maurice Blackburn would not have initiated a case unless it thought it had an 80 per cent chance of success in the form of a large settlement.

Monash University Professor Vince Morabito said: "The fact that the Commission of Inquiry made findings that point fingers at certain people and entities is a prima facie arguable case."

Prof Morabito thought the odds of a settlement were about 50-50 once a judge agreed the case had class-action status.

Of the 15 class actions filed each year since 1993, the cases settled included payouts ranging from $2 million to $200 million.

The largest payouts were against securities companies on behalf of shareholders, rather than people injured by government negligence, he said.

The Courier-Mail revealed yesterday that Maurice Blackburn had released maps this week based partly on official data it knew was wrong, as part of efforts to recruit householders and business owners.

Property valuer Iain Herriott, who warned a year ago that there were 4500 "virtually unsaleable" flood-affected homes in Brisbane and Ipswich, said it would be "near impossible to quantify the actual and real loss incurred by every individual adversely affected by the 2011 floods".

Independent hydrologist Max Winders said the controversy highlighted the weaknesses of official maps, which were based on a limited number of monitoring sites and on estimates based on modelling.

"You just have to be careful in the way this information is extrapolated," he said.

"You'll see that council's information is of at least similar accuracy to that which has been determined by Maurice Blackburn."


24.1.13

UQ needs volunteers for Ipswich flood study

Corner of Creek and David streets, North Booval.

UNIVERSITY of Queensland researchers are looking to recruit participants from the Ipswich region to take part in a study exploring community resilience in the wake of the 2011 floods.

The ARC-funded study originated in North Booval and focuses on the role that neighbours can play to help one another in preparing for and recovering from disasters.

Associate Professor Lynda Cheshire from the School of Social Science said so far they had interviewed 17 participants in flood-affected streets.

"However, certain parts of the suburb had high numbers of rental properties and many tenants simply left and never came back, so we are calling for more participants - especially those who have not returned but who may still be living elsewhere in Ipswich," Assoc Prof Cheshire said.

If you are interested in participating call 0438 931 072 or email l.durnian@uq.edu.au


23.1.13

23 January 2013

Class action for Brisbane River flood victims will go ahead

 
Wivenhoe Dam
A CLASS action against the State Government on behalf of around 4000 flood victims is set to proceed.

It comes after Brisbane-based Maurice Blackburn Lawyers released the results of a year long study which concluded flooding a large number of properties downstream from Wivenhoe Dam would not have occurred if the dam was operated to the standard of a reasonably competent dam operator.

Seqwater released a statement claiming they remain confident Wivenhoe Dam was managed and performed as it was designed, and was aware of the impact of the floods.

Seqwater said they were aware of the impact of the floods and the devastation caused.

"The January 2011 flood event was the largest flood in South East Queensland for more than a 100 years; and was the result of an extreme rainfall event both above and below Wivenhoe Dam. We effectively had two 1974 floods hit our dams and catchments - less than 30 hours apart," the statement read.

An investigation has concluded that the flooding of a large number of properties down river from Wivenhoe Dam in 2011 would not have occurred had the dam been operated to the standard expected of a reasonably competent dam operator.

The comprehensive modelling will form the basis of a class action on behalf of thousands of flood victims in Queensland's South-East, to be run on a no-win no-fee basis by Maurice Blackburn Lawyers and backed by litigation funder IMF Australia.

Maurice Blackburn Lawyers Class Actions principal, Damian Scattini said there was now sufficient evidence to ensure a class action could proceed.

"Since the Commission of Inquiry delivered its report, we indicated that a class action is likely - we have done the necessary preparations and we have a strong case," Mr Scattini said.

"Our modelling shows that had Wivenhoe been operated properly there would not have been flooding in some areas.

"In other areas this poor operation meant flooding was much worse than it should have been.

This evidence provides us with strong grounds to proceed with a class action."

IMF Executive Director John Walker said it was important for people in affected areas to show their support for the class action.

"The reality is that for many, this is a flood that didn't need to happen," Mr Walker said.

"The work has been done to build a solid case, and we're now calling on people to register for the action - already we've had strong support from people affected and continuing this is vital to ensuring this case can progress.

"Too many people lost their homes and businesses through the poor operation of Wivenhoe, and many are still struggling to recover and rebuild their lives. This class action is about getting compensation for those people and ensuring what went wrong never happens again.

"We are continuing to urge anyone who was affected by the 2011 flood event to register their interest in the class action," he said.

A series of information meetings will be held in flood-affected areas to provide local residents and businesses with an opportunity to receive further information about the action.

For more information on that, visit www.imf.com.au/wivenhoe or call 1800 809 600.

www.gattonstar.com.au

23.1.13

Queensland 'under-prepared' for storm surges

Boats moored in the Hinchenbrook Marina
 lay smashed after catastrophic winds and
storm surge caused by Cyclone Yasi
 in Cardwell on February 3, 2011

Queensland's northern coastal communities are at high risk of experiencing a storm surge – but the state remains under-prepared to deal with the hazard.


In a submission to the Senate Inquiry looking at Australia's preparedness for extreme weather events, the Griffith University Centre for Coastal Management reported Cairns, Townsville, Mackay and Hervey Bay as being at “high risk” of storm surges.

Their growing populations, coastal exposure and particular oceanographic settings place them at risk, along with the Whitsunday Islands and the small, remote communities which dot the northern Queensland coastline.

A storm surge “is the elevation of the ocean water surface occurring as a result of forcing by extreme winds and the inverse barometric effect associated with low pressure systems, particularly tropical cyclones”.
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Ocean inundation is a direct result of a storm surge and the biggest threat to life during a tropical cyclone event.

But the timeframe needed to conduct evacuations is limited “by the severity of other tropical cyclone related hazards”, the GCCM found, including gale-force winds, local flooding and available daylight hours.

In the more remote communities, evacuation was also hampered by the limitations in communication and the prior planning by smaller local councils.

Australia's current storm tide warning system places the Bureau of Meteorology as the sole agency responsible for producing the storm tide warnings which Emergency Management Queensland and other disaster management groups use to act.

But the GCCM submission points out there is no real time model which “explicitly” models the ocean's behaviour due to the approaching cyclone and instead matches its characteristics to a table of pre-run scenarios, which they say, sacrifices some accuracy.

The submission also points out other drawbacks in the current system and indicates the need for accurate real-time storm surge forecasting, which BOM currently cannot provide, given their existing resources.

EMQ requires “good accuracy” of a forecast large storm surge in the 24 to 48 hours before it hits in order to effectively evacuate a community.

The Griffith team have used their submission to the Senate inquiry to push for improved data availability and collection, further research into tropical cyclone behaviour and a more thorough investigation of storm surge dynamics and waves set up.

“Australia's network of storm tide gauges is sparse relative to the length of coastline and the expanding vulnerable coastal populations,” the report surmises.

“The understanding of the complex behaviour of the astronomical tide along the Queensland coastline, particularly surrounding the Great Barrier Reef is also hampered by the lack of ongoing water level monitoring. The recent state government cuts to funding at Maritime Safety Queensland and [the Department of Science, Information Technology, Innovation and the Arts] have severely constrained the ability of these departments to deliver previously collected data to researchers.”

The research team pointed to the storm surge modelling capacity technology available in the United States and pressed the need for ongoing funding into projects, such as their own, which provide strong support for continued and expanded data collection.

www.BrisbaneTimes.com.au

23.1.13

Much posturing ahead of threatened legal action by lawyers representing flood victims


New  Brisbane River flood map prepared
 for Maurice Blackburn Lawyers

NEITHER side really wants to find themselves facing each other in a courtroom over the 2011 floods.

Courts are expensive, particularly in a case this complex, and ultimately, unpredictable.

Instead, there's a high stakes game of poker under way.

On one side, lawyers for flood victims and their financial backers are using public relations stunts and promises of damning evidence to put pressure on the State Government in the hope of bringing it to the negotiating table.

The lawyers released maps and video fly-bys this week showing who they claim should not have been flooded and deliberately used Government and council data to show the extent of flooding - knowing some of it was wrong.

It was a calculated risk: If the official maps were wrong in places, then why should we trust anything the Government tells us about the floods? Meanwhile it made for great TV.

On the other side, the Government is sitting back and saying absolutely nothing, at least not in public.

But, behind the scenes, it is shoring up its defences by signing up experts in class action lawsuits and hydrology and listening carefully to the advice of Crown Law solicitors and their top-flight barristers.

Both sides are saying: 'See you in court'.

But that's a gambit.

A settlement, if eventually forced out of the Government, is likely to be far below the billion dollars-plus hinted at by litigation funders IMF.

But it suits both sides to make it seem like a huge deal.

If taxpayers believe vast sums of their money are at stake, they'll back the Government line and help save the Newman Administration from a biggish bill and the embarrassment of exposing how little it's done to improve flood mitigation in the State since it came to office.

And the bigger and badder the lawyers' case becomes, the scarier it looks in the corridors of George St and the more likely the Government will blink.

With the case likely to drag on for years, it won't be long before it becomes an election issue.


23.1.13

Residents fear flood maps may impact on land values


SMARTING: Shirley Patton, Fred and
 Virginia Wind and Dan Hickey of Parklane Place.

PEOPLE living in Brisbane and Ipswich streets that were wrongly shown as having been under water in the flood zone map released on Monday by law firm Maurice Blackburn are now worried about the impact on their land values. 

Residents of Parklane Place, Bulimba, one such street, said they had been surprised, to say the least.

"Nothing happened to us in the 2011 floods, even though this map says we should have been under water," resident Colleen Murphy, 44, said. "We lived here and should know."

Neighbour Fred Wind, 62, said: "It looked like a little pond of water at the bottom of our driveway and didn't even touch the grass."

Mr Wind and his wife Virginia claimed the law firm's map was misleading and said they would not join the class-action as they had suffered no damage.

Maps released by Maurice Blackburn lawyers
ahead of their planned class action.
The green regions show areas which
 should not have been flooded,
according to their experts. 

"It was very devastating for the people that were inundated but we certainly weren't part of that terror."

Another resident, Shirley Patton, 52, who saw the effects of the 1974 floods, said inaccuracy could turn prospective buyers off making an offer in the suburb.

"Once you have been through the floods and have lost stuff you become particular about what areas to live in as you don't want it to happen again," she said.

Residents in Ipswich have also claimed they were incorrectly shown as being in the green and orange zones despite not having flooded.

www.CourierMail.com.au

23.1.13

Law firm Maurice Blackburn confirms flood maps based on state government data as they prepare for class action


EXPERTS for Maurice Blackburn lawyers
 have released an animated flyover of
 areas they say should not have been
 flooded during the 2011 disaster.

LAWYERS chasing recruits for one of the biggest class actions in the nation's history have admitted to errors in maps they are using to tout for business.

The maps released by law firm Maurice Blackburn on Monday were said to show areas of Brisbane and Ipswich that the firm claims would not have flooded in January 2011 if Wivenhoe Dam had operated properly.

The lawyers said the maps reflected the findings of unnamed US experts paid more than $1 million to advise on the case - findings that would probably form a central part of the potential $1 billion-plus class action against the Government.

But yesterday the law firm admitted the maps were inaccurate, and that it had known as much before their release on Monday.

Instead, the lawyers said, the maps were meant "for illustrative and educational purposes" only.

They said they would not present the maps as evidence in court and also said they would not identify the US experts in an attempt to keep them away from the media.

Maurice Blackburn principal solicitor Damian Scattini said the colour-coded maps had served their purpose in helping to determine the financial viability of the lawsuit and publicising it.

ONE of the flood maps released by
 Maurice Blackburn lawyers earlier this week.

"It's not a piece of evidence we would ever present in court," Mr Scattini said.

Lawyers will allege dam operators should have been on emergency footing, making major releases in December 2010, but instead negligently flooded entire suburbs in a panic the next month.

Maurice Blackburn and the company financing the the action, IMF, say there was significant negligence before and during the floods.

IMF is risking up to $10 million in the expectation of a big government payout.

Mr Scattini said flooding shown in the maps was determined by overlaying aerial imaging generated by Ipswich and Brisbane councils, the then-Department of Environment and Resource Management, and the Queensland Reconstruction Authority.

Within these areas, the firm used orange colour-coding to show those that would have received at least 150mm of water regardless of how the state's dams were managed, and green for those that would not have flooded at all if the dams were run to an acceptable standard.

Some Brisbane residents have complained their properties did not flood but were shown in the green area.

Mr Scattini yesterday conceded his firm had been aware of errors but said it was not responsible for them.

ON TRACK: IMF executive director
 John Walker and Maurice Blackburn
 principal solicitor Damian Scattini
 plan to file their class action by April. 

"Our own experts pointed them out to us," he said.

"If the Queensland Reconstruction Authority says people flooded and they didn't, then good luck to them."

State Government departments contacted by The Courier-Mail declined to comment on the accuracy of the maps.

Engineers Australia yesterday called on Maurice Blackburn to release "any credible technical evidence" to back its claims.

Mr Scattini said that was to be expected of the professional body representing the dam engineers who are likely to be named in the lawsuit.

He said his firm would disclose the relevant information to the Government before making it public.

Expert findings on the true extent of the flooding - down to 10sq m - were part of the firm's legal argument and would be used later.

"To use the old phrase, we're keeping our powder dry," Mr Scattini said.

He confirmed that people did not necessarily have to have suffered physical flood damage to their properties to join the action.

They could claim if their businesses had been disrupted or property had lost value, as long as they could prove the losses, he said.


23.1.13

Values of flooded properties will soar if dam law suit is a success

PREDICTIONS: Paul Tully.

HOUSE prices should go up and insurance premiums should come down.

They are just two of the repercussions Cr Paul Tully can see occurring in flood-affected suburbs like Goodna if the $1 billion class action against the State Government to be launched by Maurice Blackburn lawyers is successful.

Cr Tully, who lost his own home in the 2011 floods, said only 15 homes and four businesses would have been inundated in the floods had the Wivenhoe Dam been operated correctly.

He has predicted home buyers and investors would return to the market in droves in the wake of new flood modelling that showed how few homes would have flooded two years ago.

Cr Tully said homes had been selling for less that $100,000 since the floods, but that would change if the class action was successful.

"House prices dropped more than $200,000 overnight in the suburb when the flood hit," he said. "Buyers can be confident the 2011 Brisbane River flood would have been a non-event, which will now drive prices higher very quickly.

"There are literally hundreds of real estate bargains between Ipswich and Brisbane with a new found confidence likely to hit the market."

There are literally hundreds of real estate bargains between Ipswich and Brisbane with a new found confidence likely to hit the market.

Cr Tully added that there was "no longer any justification for the rapacious premiums" of insurance premiums that skyrocketed by up to 1000 per cent after the floods and has called on banks and other financial institutions to "review their lending criteria in light of the revised flood modelling".

Cr Tully has plotted the revised flood level against individual dwellings to determine whether or not the water would have gone above their floorboards had Wivenhoe Dam been operated correctly.

The modelling is based on a two-metre reduction at the Brisbane city gauge which represents, based on historic flood levels, a six-metre reduction at Goodna.


FLOODED: Cnr Brisbane Tce and
Layard St, Goodna, during the 2011 flood.

"The official flood level at Goodna would have dropped from 16.4m to 10.4m," he said.

FLOOD MAP: The blue area on this
 Goodna map show which areas the
 2011 impacted, and the yellow shows
 where the water would have
 impacted had Wivenhoe
 Dam been managed correctly.

"On those figures, only 15 homes and four businesses would have been flooded at Goodna. The average depth of water in those homes would have been less than half a metre."

On those figures, only 15 homes and four businesses would have been flooded at Goodna.

Cr Tully said the Goodna town centre would "not have flooded".

"Nor would the Goodna RSL Services Club, nor the three service stations, four banks and two hotels," he said.

"Goodna would have been back to normal within 24 hours, but now we are still facing years of heartbreak with destroyed homes, marriages and families."

www.QT.com.au

23.1.13

22 January 2013

FABAH's David Stark may hold the key for a compensation payout for flood victims


David Stark -
FABAH spokesman

This man - David Stark - may hold the key to whether or not the flood victims in Ipswich, Goodna and Brisbane receive compensation as a result of the class action proposed by Maurice Blackburn Lawyers and IMF (Australia).

Damian Scattini from Maurice Blackburn Lawyers and John Walker of IMF (Australia) announced on 21 January 2013 that it was likely the class action would proceed but with a final decision to be made by April.

To be part of the class action, prospective claimants will need to sign up as part of the proceedings in the Queensland Supreme Court.

This is a simple online process via the IMF (Australia) website.

The Greater Goodna Flood Group has consistently recommended that potential claimants sign up for the Maurice Blackburn / IMF (Australia) class action.

David Stark of FABAH (Flood Affected Businesses and Households) - not to be confused with another similarly-named FABAH (Flood Affected Businesses & Householders Association) - has consistently advised flood victims up until now not to sign up for any class action but to wait for other class actions which might eventuate through other law firms.

That is not a totally unreasonable approach but at this late stage, no other class action appears to have any chance of getting off the ground.

Mr Stark's other suggestion to flood victims has been that in the event of a successful class action, flood victims who were not part of the class action, should be able to benefit from any precedent created by the class action.

That may be good in theory but individuals are unlike to have the money or wherewithal to commence their own legal action against the Queensland Government.  The alternative to such independent legal action would be for individuals to request or demand that State Government pay them out on the same terms and conditions applying to the successful class action claimants.

This approach ignores the reality and intended finality of a class action, in this case potentially worth more than a billion dollars.

Respondents in class actions who wish to settle the action - without the need for an expensive court hearing  - will always want to know what their potential and actual total payout will be if they settle the matter.

They would NEVER want to be placed in the invidious position of settling the class action and then being  handed hundreds or even thousands of new claims after the event.

Will the State Government be a model litigant?

If Campbell Newman's government ultimately wishes to settle the matter, they will want it to be a full and final settlement for all flood victims wishing to claim compensation. This is how class actions work and Campbell Newman is no fool - he will want to bring the matter to complete finality across the board, if a settlement could be reached.

He might even want it "off the books" before the 2015 state election.

So, however well-intentioned David Stark has been, the time has come for him and his disciples to make a decision - are they going to sign up for the Maurice Blackburn class action or not?

If not, they could all be left high and dry with nowhere to go while thousands of successful class action claimants count their well-deserved payouts.

The other issue is this.

At their media conference, Damian Scattini and John Walker made it clear that the final decision whether or not to proceed with the class action will be made in April and will be dependent upon how many flood victims actually sign up for the class action.

David Stark needs to bear this in mind.  If he continues at this late stage to advise people NOT to sign up for the Maurice Blackburn class action (or any class action), he might shoot himself and all other potential claimants in the foot, with Maurice Blackburn pulling out and leaving no alternative or viable legal action to be pursued by other law firms.

The Greater Goodna Flood Group and FABAH have had diametrically opposed views on this matter for over a year.

But both groups obviously want to see the right of each and every flood victim to receive full and fair compensation to be fully protected.

In the interests of all flood victims, the Greater Goodna Flood Group now extends to FABAH a genuine invitation to come on board and to work together to achieve a fair and just result out of the State Government.

Unless some other class action arises very soon, the only prudent thing is for all flood victims to join up for the Maurice Blackburn / IMF (Australia) class action.

David Stark could become the working class hero of Brisbane rather than playing a negative role which might easily backfire on him and others.

David Stark has put too much into the Floods Commission of Inquiry and his examination of the issues involved in the management of Wivenhoe Dam in January 2011, to let this opportunity slide.

His support for the only currently-proposed class action could see payouts for flood victims become a reality and not just a dream.

David Stark's reward will be the satisfaction of seeing thousands of flood victims properly recompensed for their losses and knowing that he has been part of the solution.

22.1.13