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| 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.
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| 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
