28 November 2013

Class action lawsuit accusing State Government of negligence in 2011 floods will go ahead next year

A class-action lawsuit will be filed against the State
 Government early next year, alleging dam
 mismanagement in the lead-up to
flooding in southeast Queensland
in 2011. 
A class-action lawsuit accusing the Queensland Government of negligence in the flooding of southeast Queensland residents will be filed early next year, following a February 28 deadline for people to sign up for the action.

Law firm Maurice Blackburn and litigation funder IMF Australia announced their plans this morning, ending months of uncertainty about whether the suit would proceed.

The law firm says its experts believe much of the damage from 2011 flooding could have been avoided if the Wivenhoe dam had been operated properly.

The state has denied dam engineers were at fault, saying they did all they could do to mitigate flooding during huge rainfalls in the catchments.

In a statement, IMF Australia Executive Director, John Walker, said that extensive modelling of the 2011 flood has identified the extent of the "unnecessary flooding".

"The modelling gives IMF the certainty it needs to commit the millions of dollars required for this claim to proceed," Mr Walker said.

"It has been a long road to this point but we are very pleased now to be able to say the action will go ahead," he said.

Maurice Blackburn Principal Damian Scattini said community meetings would be held in Ipswich and Brisbane, with the meetings to play an important role in helping to ensure registrants were properly informed of the next steps in the action.

"The statement of claim for the class action will be filed at the earliest opportunity next year, but we first want to provide people registered in the class action with case updates as we have always promised to do," Mr Scattini said.

"There will be a final opportunity for residents and businesses not yet signed up to the action to do so before 28 February 2014. In order to participate in the class action, you must sign up before this date. The claim will be filed following this deadline.

"Anyone who was inundated and suffered loss during the 2011 flood of the Brisbane and Bremer Rivers may have a claim and should contact IMF to find out whether their property was unnecessarily flooded."

"We take the privilege of representing residents and businesses impacted by the 2011 flood very seriously - we have put many months of work into this case and we're now ready to run this case and file a lawsuit after we give flood victims a final opportunity to join the claim," Mr Scattini said.

Premier Campbell Newman was not immediately available for comment.

Meetings:

Meetings for registrants will be held on:

December 15 at The Greek Club, South Brisbane, from 1pm, and on

December 16 at the Metro Hotel International, Ipswich, from 7pm
.

For more information, or to register for the class action visit www.imf.com.au/wivenhoe or call 1800 016 464.

27.11.13