27 May 2012

Second law firm eyes off Brisbane River flood class action








IPSWICH flood victims may have a second class action lawsuit to consider, with legal firm Slater and Gordon investigating potential action against the Queensland Government.

The firm joins Maurice Blackburn, which already has signed up 3000 flood victims to its class action lawsuit, as a legal option available to Ipswich flood victims.

Slater and Gordon national practice group leader James Higgins said the firm was continuing to investigate grounds for legal action.

Mr Higgins would not confirm the number of signatures collected so far, but urged the government to begin considering the best way to compensate victims.

"The Queensland Government should look to the ways that compensation could be provided to assist those affected as a direct result of the fact that the dam was operated in breach of its manual," he said.

"Any opportunity to spare people from prolonged or expensive litigation is welcomed by Slater and Gordon.

"The best outcome for devastated residents and their families would be a speedy resolution so that those affected can start getting their lives back on track."

Mr Higgins said the firm would be making an announcement in relation to any potential class action at the conclusion of its investigations.

Interest in a potential billion-dollar lawsuit against the Queensland Government peaked after the Queensland Flood Commission found Wivenhoe Dam's operation manual had been breached, potentially exposing homes to floodwater which otherwise may have been unaffected.

Maurice Blackburn held public meetings earlier this year to inform flood victims of their proposal and gauge community interest.

Flood Affected Businesses and Homes spokesman David Stark said Slater and Gordon had been sending potential applicants their conditional costs agreement.

Mr Stark said there was no urgency to sign with any class action lawyer, because victims would be welcome to join until a court proceeding began.

To find out more, go to slatergordon.com.au


23.5.12

22 May 2012

Heat on Suncorp over policy ban

Kidd St homes were among the worst
 flooded houses in the 2010-11 floods.

THE Central Highlands Regional Council has returned fire at Suncorp as the fallout begins from this week's announcement no new home insurance policies would be sold in Emerald or Roma.

Mayor Peter Maguire said the insurance giant had left residents uninsured and unprotected, despite talks with the company since early April on flood mitigation processes being investigated and rolled out in town.

"I think they're discriminating against two rural bush communities - Emerald and Roma," Cr Maguire said.

"If Brisbane gets another flood this year, do you think Suncorp is going to stop insuring down there?

"Or if a town in North Queensland gets two cyclones in two years, are they going to stop insuring them?"

It is a question Cr Maguire asked on behalf of all Emerald residents, but one homeowner in particular believed he had the answer.

He said the insurance giant had pulled the plug on the two towns because the local councils hadn't completed enough flood mitigation measures - a claim Cr Maguire ardently denies.

"Have a look at the other towns like Charleville and St George," the homeowner said.

"They were flooded and worse than Emerald and Suncorp is still offering insurance there.

"That's because there have been levee banks installed and they've been proven to have worked."

Cr Maguire rejected the claim.

He said recommendations from the Queensland Floods Commission of Inquiry had been adopted and executed by the council.

"We've done lots of stuff - the C&R report is done, (the) temporary local planning instrument implement which was worked through with the Department of Energy and Resource Management and the Queensland Reconstruction Authority," he said.

"We've re-written to the State Government... about the need for some of these mitigation works to be done and the funding to be provided."

He said the floods inquiry identified the Clermont St drain for improvement to aid water flows through Morton Park, and was now being upgraded.

Cr Maguire said he asked Suncorp to clarify the $20,000 offer to assist the CHRC with flood studies, but intended to allocate the funds towards levee bank development.

RACQ Insurance announced it was working towards introducing flood coverage as standard in its household policies from July 1 this year.

Century 21 Vision licensee Di Hancock-Mills said investors covered by Westpac bank had raised no concerns about its policies, suggesting there was blanket flood coverage included as standard.

Ms Hancock-Mills called on the State Government to review the definition of flood for all companies, to ensure customers had competitive options.

"We should be able to get full flood insurance from everyone," she said.

"I don't care if it comes up the downpipe, from the sewerage or through the roof - water through the house is a flood."


9.5.12

COMMENT: Suncorp has elevated the word "bastardry" to a new level of sophistication in Australia.  The fat cats at Suncorp have been happy to  live like kings for years, pocketing the premiums of hundreds of thousands of Queenslanders, yet when there is one little blip over one wet season, they cut the people of Emerald and Roma adrift.  Suncorp is a national disgrace. - PaulGTully@gmail.com   

Flood renovation sees Goodna home transformed

The living room after the renovation of Mal and
Hilda Carnell's flooded Goodna home
.

When Mal and Hilda Carnell began building their Goodna home in 1974, flood waters passed through the just-constructed frame but left no lasting damage.

When floods again hit their home in January 2011, they weren't so lucky.

Builder and family friend of 30 years Paul Garside recalled how last year's flood waters rose above the roof, forcing the Carnells to gut their house completely.

``I don't think anyone can ever be prepared for the reality of a flood to sink in,'' Mr Garside said.

``Though the decision was hard for the owners to rebuild in the same area, this was their home.''

Once the thick mud and debris were cleared away, an army of family, friends and volunteers set about drying, sanding and restoring the floorboards.

Ruined carpet was replaced with porcelain floor tiles to separate the bathrooms from the hallways and main living areas.

Mr Garside said walls were knocked out to open up the house and a skylight was installed in the main bathroom to increase natural light.

The front living area of the house was completely rebuilt with large windows and recessed niches in walls as well as a built-in sewing bench for Mrs Carnell's favourite pastime.

The house's exterior also benefited from the makeover with a rendered look, new windows at the front of the house and the roof.


20.4.12

Thousands join Queensland floods class action by Maurice Blackburn Lawyers

Gailes Caravan Park, Brisbane Rd Gailes,
 looking towards Braggan St
More than 3000 Queenslanders have signed up as class action law firms pursue possible compensation over last year’s deadly floods.

Maurice Blackburn and Slater & Gordon are investigating possible action against the Queensland government over the operation of Wivenhoe dam during the crisis.

Flood victims have long said water releases from the dam were botched and that flooding was compounded as a direct result.

The state’s long running floods inquiry in March found dam operator, the government-owned SEQwater, breached the dam’s operating manual during devastating floods in Brisbane, Ipswich and surrounds in January last year.

Commissioner Catherine Holmes also found there was evidence three dam engineers had colluded to pen a misleading report about how they managed water releases.

The Crime and Misconduct Commission is assessing whether the actions of the engineers warrant criminal or official misconduct charges.

Maurice Blackburn and financial backers IMF have hired two US experts as part of its effort to show there was negligence, The Courier-Mail reports.

"The strength of the claim is in the numbers," IMF’s John Walker told the paper.

Maurice Blackburn and IMF will hold further public meetings in Brisbane later this month about its legal push.

www.BrisbaneTimes.com.au

22.5.12

Recycled water could have stopped Brisbane floods: Environment expert

Water pours from a floodgate at Wivenhoe Dam


WHEN AUSTRALIA SUFFERED through the drought of the last decade, there were fears we'd run out of water. As year after year registered below average rainfall, people began to talk seriously about recycling our sewage to use as drinking water.

Ironically, it is the massive floods that we experienced after the drought that could be the strongest argument yet for using recycled water. In fact, if Brisbane had not backed away from a scheme to drink its recycled sewage, we may not have seen the rising waters that devastated our third largest city in January 2011.

There are two kinds of recycled water. 'Indirect potable reuse' or IPR uses advanced water treatment processes such as reverse osmosis and advanced oxidation, before discharging the recycled water back into a river, reservoir, or underground prior to re-harvesting it, retreating it and reusing it.

Much less talked about is 'direct potable reuse'. DPR would do away with the return to the environment and the water would be pumped directly back into the city's water supply system.

By the worst stages of the drought around 2007, it had become clear that some of Australia's largest cities would need to adopt varying approaches to IPR in order to make full use of available water supplies. Major IPR schemes have since been partially developed in Queensland and Western Australia.

The Western Corridor Recycled Water Project (WCRWP) was developed during 2007-2010 partially as a means to supplement drinking water supplies in Lake Wivenhoe, South East Queensland. This is the primary source of drinking water supply for Brisbane and much of the surrounding area. The WCRWP uses effluent from six wastewater treatment plants, which is then subjected to advanced water treatment at three new plants at Bundamba, Luggage Point and Gibson Island.

Some of this advanced-treated water is now used for industrial purposes, but the idea of drinking it has been postponed until storage supplies drop to below 40 per cent of capacity.

Topping up Lake Wivenhoe with highly treated recycled water seemed (at least to some, myself included) to be a great idea. But the plan to drink the recycled water has not yet gone ahead because of one word: "yuck!"

That powerful psychological response to the idea of drinking treated effluent is one of the main reasons why you don't hear any politicians advocating DPR. They don't believe that they can successfully sell the idea. And of course, the yuck factor is normal, so politicians, engineers and scientists all experience it too.

But the disastrous flooding of Wivenhoe Dam may change all that. Now, finding some additional spare capacity in the reservoir to hold back such enormous flood surges seems an even more important priority. Fortunately, DPR offers a solution that can achieve both outcomes at once.

Like many reservoirs, Lake Wivenhoe has two conflicting roles. On one hand, it must provide security of drinking water supply by storing as much water as possible. One the other, it must protect Brisbane from otherwise inevitable regular flooding by maintaining as much empty space as possible. To achieve this somewhat schizophrenic expectation, the reservoir is divided into two distinct components. The bottom 1,165 billion litres is kept as full as possible for drinking water supply and the top 1,450 billion litres is maintained empty for flood control.

When operating at full capacity, the WCRWP can produce around 35 per cent of the total water consumption of Brisbane and surrounding areas.

If this water was used directly as part of Brisbane's water supply, Lake Wivenhoe could be relied upon for 35 per cent less water supply. This means that the same security of water supply could be maintained while dropping the full supply capacity of Wivenhoe by 35 per cent and thereby freeing additional space for flood mitigation. The flood mitigation capacity would be increased by around 425 billion litres, which is an increase of around 30 per cent.

In terms of water storage capacity, this new-found 425 billion litres of flood mitigation space is the same as immediately constructing a new equivalent sized reservoir, without the cost of construction and without having to relocate a single home or farm. In addition to completely avoiding the environmental impacts of new dams, it would enable less water to be captured by the dam enhancing natural flow regimes in the Brisbane River.

To put this extra storage capacity into some context, a new 425 billion litre reservoir would be the fourth largest reservoir to supply drinking water to a major city in Australia (after Warragamba in Sydney, Wivenhoe in Brisbane and Thompson in Melbourne). It would be more than 70 per cent of the total water storage capacity of Perth and twice the total storage capacity of Adelaide.

Using the existing infrastructure of the WCRWP, water would be available immediately and there would be negligible construction costs. But most importantly, the freed-up storage space will also be immediately available to help capture and control major flooding events when they occur.

With careful management, this additional storage capacity would have been sufficient to capture and contain the entire peak flow into Wivenhoe Dam that occurred between 9th and 13th January 2011. There would have been no flood in Brisbane.

With all of this in perspective, the yuck factor is starting to seem like an emotional response that we would do well to live without.

Dr Stuart Khan is a Senior Lecturer at the School of Civil and Environmental Engineering at the University of New South Wales.
11.05.12

State government to be flooded by class action

Ipswich CBD under water in 2011.

FLOOD litigators IMF and Maurice Blackburn Lawyers are confident a class action law suit against the State will go ahead as they await the results of their research.

IMF and Maurice Blackburn Lawyers announced their intention to launch a possible class action law suit against the State prior to the release of the Bligh Government's flood report in March.

Investigations into the potential for a law suit have continued since then, with the findings expected to be known in eight weeks time.

The class action hinges on the findings of their research into the botched dam releases and if flooding could have been avoided in some areas had the dam releases been managed correctly.

IMF executive director John Walker, the financial backers of Maurice Blackburn's class action, is positive the research will indicate Ipswich flood victims will have their day in court.

Mr Walker said the firm had retained a dam operation expert to establish if the floodwater may have been stemmed with better prepared releases.

They expect the results of their investigations to be positive and crystallise their legal action.

"Then we will assess what would not have been flooded if the dam was operated properly. We are feeling more confident as time goes on that a claim against the state will be made," he said.

Around 600 Ipswich residents have signed on for the class action out of the 3000 from the greater Brisbane region.

He expects numbers to increase as the doubt around the law suit dissipates in the coming months.

Councillor Paul Tully said Goodna residents are still inquiring to him about how to register.

"People are asking about what they need to do or what the timing will be," he said.

Mr Walker said further town hall meetings will be held in late June to update complainants and the community on how the research is progressing. He said at least one of those meetings should be held in Ipswich.

It was originally expected the number of potential claimants joining the class action could reach 6000. Hundreds of flood-affected Ipswich residents attended the first round of meetings held in Ipswich, Goodna and the Lockyer Valley.


15.5.12

Flood Sequel Outrage: Bureaucrats conclude residents on Brisbane's western outskirts not actually flooded

John Craigie in front of his house at Pine Mountain
which was flooded in the January, 2011 Brisbane Floods. 

JOHN Craigie knows more than most about the devastating Brisbane River floods of January last year.

Much of his spare time is still spent examining data and evidence about the contribution of releases from the nearby Wivenhoe Dam to the floodwater that raced past his riverfront property at Pine Mountain, on Brisbane's western outskirts.

The flooding inundated his land, the site of his exotic plant nursery business. Filthy water poured into his house, forcing his family to move out and live in a caravan for six months until the completion of repairs.

The insurers and their assessors who repeatedly visited the property accepted the Craigie home had flooded. The damages bill so far runs to about $200,000, with significant work still to be done.

But now Mr Craigie and an unknown number of flooded residents are discovering that bureaucrats have concluded something completely bizarre: that they were not actually flooded.

The official "evidence" that Mr Craigie's house remained high and dry is the "property flood report" from the Ipswich City Council, which includes a map of his property and precise numbers declaring the high-water mark was comfortably below his floor.

It is the same floor that is to be replaced, along with the walls, due to structural damage from the floodwater that was waist-high in every room in the house.

Mr Craigie suspects the wildly optimistic view of the council and its hydrologists influenced the Queensland government's decision to increase the rateable value of his property by 31 per cent.

"I suppose I should welcome it as something that is great for us and everyone else who is being told they were not actually flooded, because someone is going to rely on these official reports one day when the properties are sold," he said yesterday.

"But it is a major worry that after all this time and all the lessons that were supposed to have been learnt about the need for accurate information on flooding, they cannot get the basics right.

"These reports are based on a flood model that is clearly wrong. It means that we cannot have confidence in the accuracy of any of it. If my report is so wrong, how many others are too? My report is wrong by 2m. It makes a big difference as I had less than 1m of water in my house."

According to the report, the flood only came up one gully slightly and never breached the river bank in front of the house.

According to the council, the flood line for Mr Craigie's property "was defined using various resources, including ground truthing and aerial imagery".

The council said it "makes no warranty or representation regarding the accuracy or completeness of this major flood information".

It also said that it would not be liable for any loss arising as a result of the use of the information in the flood report.

The final report of the Floods Commission of Inquiry found that flood-mapping in Queensland was inadequate. It said: "To be properly informed, individuals dealing with property should be aware of the flood risk at the property and any flood-related constraints of development."

Lawyers for flood victims are preparing for what they have described as Australia's biggest class action as a result of the commission's finding that the dam's engineers breached the operating manual and engaged in a cover-up of their actions during the flood.

Mr Craigie helped uncover the truth after discovering crucial evidence that had been overlooked by the $15 million-plus inquiry.


22.5.12

3000 flood victims join Queensland class action claim

Channel Ten reporter Lexy Hamilton-Smith, 
at her Fig Tree Pocket home, has signed up with lawyers.

MORE than 3000 Queenslanders have joined a legal claim over the deadly 2011 floods as class-action law firms ramp up pressure on the cash-strapped State Government.

The firms plan more town hall meetings and increased advertising in a bid to recruit more claimants.

Maurice Blackburn and financial backers IMF have hired two US experts as part of a million-dollar effort to establish that there was negligence in the operation of the dams in 2011.

Early briefings have boosted the firms' confidence about taking on the Government, which is yet to state its position on compensation.

"They've given us a greater insight into what went wrong and why,'' Damian Scattini of Maurice Blackburn said.

"It was mismanaged throughout the period and there is the suggestion of prior negligence. The upshot is that it shouldn't have happened this way.''

Rival law firm Slater & Gordon is also investigating possible action against the Government but would not give details of its clients.

Ultimately any payouts would be funded by the taxpayer.

A spokesman for Premier Campbell Newman said the new Government had yet to receive any legal claims and was still busy working through the recommendations of the flood inquiry, which it planned to implement in full.

"The Premier has said if anyone has suffered injustice at the hands of the State Government he would ensure they were treated fairly,'' he said.

"The Queensland Flood Commission has made no finding of negligence on the part of the state or the dam operator.''

Ipswich councillor Paul Tully, a flood victim who has signed up to the Maurice Blackburn scheme, predicted that the Newman Government would eventually settle with victims many of whose health had been damaged along with their property.

"I'd be 100 per cent certain that Campbell Newman will want all of this finalised by 2015 before the next state election,'' he said.

"They won't want this to be a political issue.''

IMF's John Walker said his firm would place newspaper ads to attract more flood victims, including those whose businesses had failed as a result.

Maurice Blackburn and IMF will also hold further public meetings later this month in Brisbane.

"The strength of the claim is in the numbers,'' Mr Walker said.

IMF is funding research into the floods in return for up to 30 per cent of any eventual pay-out. 

Mr Walker said the $15 million flood inquiry, which closed in February, had not made any findings relevant to the potential class action.

"The flood inquiry wasn't there to identify wrongdoing,'' he said.

"It was whether the manual was followed. We are trying to identify the standard of care (and) . . . any difference between that and what occurred.''

Channel 10 reporter Lexy Hamilton-Smith, whose Fig Tree Pocket home was badly damaged, has signed up with Maurice Blackburn. Ms Hamilton-Smith was insured with RACQ but only for "flash'' flood.

She received a $12,500 "compassionate'' payout from the insurer as well as Premier's Relief Fund money.

But she is still at least $120,000 out of pocket and had to take out a further loan to cover it. 

She said Maurice Blackburn had been "a bit grey'' on whether Premier's Fund cash would have to be returned if the Government compensated people, but she signed up anyway.

"What else have I got to lose?'' she asked.


22.05.12

07 May 2012

Flood victims exempt from federal tax levy


MORE than 45,000 people affected by this year's floods won't have to pay the flood levy introduced in 2011.


Treasurer Wayne Swan has also confirmed that the temporary flood levy in place for the 2011-12 financial year would end on June 30.

The levy was introduced after the Queensland floods in early 2011 to help with the reconstruction bill for the state.

Those affected by that disaster were exempted from the levy.

"Earlier this year, more flooding devastated parts of western Queensland and northern NSW," Mr Swan said in a statement.

"I can announce today that those people who suffered flood damage in 2012 will also be made exempt from the levy."

He said the Government understood the hardship many have faced and wanted to assist in any way it could in the recovery process.

www.CourierMail.com.au