By Chris Merritt
Legal Affairs - The Australian
FOR those people whose homes were damaged in last year's Brisbane flood, this week's "independent report" on the operation of Wivenhoe Dam will soon be seen for what it is: a distraction that counts for nothing.
Within weeks, the findings of the US military engineers will be consigned to history.
Their report exonerating the operators of the dam is based on a report by the operators of the dam.
It will soon be swept aside when law firm Maurice Blackburn unveils what could be the first real step towards compensating at least some of last year's flood victims.
For almost a year, litigation funder IMF has been bankrolling a team of lawyers from Maurice Blackburn who are investigating whether to launch what could be a massive class action.
Their goal has been to determine whether they can prove in court that someone was responsible for operating the dam in a way that caused damage - and then to extract compensation.
IMF's John Walker and Maurice Blackburn's Damian Scattini were in the US this week consulting experts who might play a critical role in any future legal action.
And the odds on some form of legal action are shortening.
Scattini says Maurice Blackburn will make an announcement "within weeks". He also says "we are now more confident than we have ever been".
"From the night I went with my wife to rescue my mother-in-law from her house at Rocklea, I have never been so confident in the outcome of this proceeding," Scattini says.
"Within the next few weeks we will make a public announcement."
Scattini's team has been working on this project for almost a year. Every day costs money. So the mere fact Walker has not yet pulled the plug indicates how things are going.
From the state government's point of view, this increases the chance of some sort of payout down the track.
But, in one sense, a court case could provide the government with political cover when it comes time to write cheques.
If liability is determined independently, compensation would be a legal obligation, not charity.
At last count, IMF had signed up about 4500 flood victims who have agreed to pay the company between 20 per cent and 30 per cent of any damages award or financial settlement. In March they had just 2000.
There is no provision for class actions under Queensland state law, but Scattini says there are other ways of bringing this matter to court.
www.TheAustralian.com.au
COMMENT: There has been an enormous amount of spurious media comment this week that the Wivenhoe Dam engineers have been exonerated in their role in the days leading up to - and during - the Brisbane River flood of January 2011. This article in The Australian puts all of this hogwash into perspective and brings a little reality back to the situation. It behoves the Premier Campbell Newman and the rest of his Cabinet to put all of this misguided claptrap behind them and face up to the reality of the situation which can be crystallised into one simple issue: Was the 2011 flood event negligently managed by Seqwater, resulting in unnecessary flooding of Ipswich and Brisbane?
If the Supreme Court ultimately finds against Seqwater, all of the public posturing this week by Seqwater CEO Peter Borrows is likely to lead to calls for him to fall on his sword. One way or the other, the flood victims of southeast Queensland will eventually be forced to move on from the dark days of 11 and 12 January 2011. If it's with a billion dollar court-enforced payout, Peter Borrow's continuing role as the head of Seqwater would become untenable. After all, the buck would have to stop somewhere and you could bet London to a brick on, that Premier Newman would make sure it's not with him! - Greater Goodna Flood Group
If the Supreme Court ultimately finds against Seqwater, all of the public posturing this week by Seqwater CEO Peter Borrows is likely to lead to calls for him to fall on his sword. One way or the other, the flood victims of southeast Queensland will eventually be forced to move on from the dark days of 11 and 12 January 2011. If it's with a billion dollar court-enforced payout, Peter Borrow's continuing role as the head of Seqwater would become untenable. After all, the buck would have to stop somewhere and you could bet London to a brick on, that Premier Newman would make sure it's not with him! - Greater Goodna Flood Group
