12 January 2013

Lawyers confident as lawsuit on behalf of January 2011 flood victims gains momentum

DISASTER REVISITED: Aerial photo
of part of Brisbane flooded.
TWO years to the day after a wave of water engulfed homes and businesses in Ipswich and Brisbane, lawyers are "more confident than ever" they will bring a claim on behalf of thousands of victims of the 2011 flood.

Damian Scattini of law firm Maurice Blackburn told The Courier-Mail a "vast number of properties" from the gates of Wivenhoe Dam to the mouth of the Brisbane River had been damaged unnecessarily.

He said the much-anticipated suit was "very much on track" despite months of delays.

"We are comfortable that the dam operators did not operate the Wivenhoe Dam system to the standard to be expected," he said.

Mr Scattini would not provide details of exactly what went wrong, except to say it was "throughout the whole flood event". US experts had almost completed a huge modelling exercise that would determine exactly who should not have been flooded, he said.





Mr Scattini said further public meetings would be called soon to explain the full findings to people who had signed up to the action.

About 4000 have registered their interest for the no-cost scheme. Litigation funding firm IMF, which is spending about $1 million on gathering evidence, is in line to receive about a third of any eventual compensation. Maurice Blackburn will receive lawyers' fees for its services.

If successful, the class action could leave the Government and taxpayers with a compensation bill worth billions of dollars.

Former One Mile resident Scott French said the lawsuit was the last resort for many people who lost everything in the flood.

"It's the last little thread of hope that they've got. If they don't try something, they'll get nothing," he said.

Mr French still owes $225,000 on a property now worth $125,000 - and he is out of pocket tens of thousands in other flood-related expenses.

Tivoli resident Theo Woolett, who worked for months to help his flooded parents get an insurance payout for their Moores Pocket home, supported a lawsuit "110 per cent".

But he doubted a suit would be successful without a judge and jury from another state.

"Who do you believe will rule against the State Government?" he said.

Acting Premier Jeff Seeney said the Government would respond accordingly if a lawsuit was filed.

www.CourierMail.com.au

12.1.13