22 May 2012

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