Residents and businesses critical to success of floods legal action - Public meetings to be held across Brisbane

Damian Scattini
Principal
Maurice Blackburn
Lawyers

IMF Australia, the litigation funder behind a proposed class action to be run by Maurice Blackburn against the State of Queensland on behalf of thousands of victims of the 2011 floods, will convene with Maurice Blackburn a series of public meetings across flood-affected areas of Brisbane in the coming weeks.

IMF Executive Director, John Walker, said the meetings were an opportunity for residents and businesses affected by the floods to hear how the claim investigations are proceeding, that flood victims have about one month to be included in a compensation claim likely to be made to the State in late July, and that their involvement will be critical to the success of the proposed claim.

"The message to residents and businesses affected by the floods of 2011 is clear: it is time to get involved and help each other make this claim a success," Mr Walker said.

"The more people who join in, the more chance the action has of success."

Damian Scattini, Principal at Maurice Blackburn Lawyers, who is working with IMF Australia to investigate the proposed action, said the legal proceedings would address some questions not dealt with by the State Government's own inquiry.

"Flood-hit communities downstream from the Wivenhoe Dam deserve to know what the dam operators ought to have done throughout the January 2011 flood event," Mr Scattini said.

"They deserve to know if the loss they suffered could have been avoided and whether the State should be held accountable and compensate them for their loss."

Mr Scattini said the investigations were focusing on whether the State of Queensland, SEQ Water, SunWater or the flood operations engineers breached any duty of care in the way they operated the Wivenhoe Dam throughout the January 2011 flood event.

"Our investigations will also determine whether their negligence caused flood levels to be higher than they otherwise would have been, and what impact this had for the homes and businesses downstream of the dam," he said.

IMF Executive Director John Walker said the success of the potential class action was dependent on as many people as possible signing up from across affected communities.

"That's why we are urging anyone affected by this event to sign up - the more people who sign up the greater strength we will have in pursuing this action.

Mr Walker said the action would be conducted on a "no win, no fee to you" basis, meaning that IMF will fund all legal costs, should the case be unsuccessful, thereby removing all downside risk to flood victims who join the action.

A series of public meetings are being held in Brisbane on Sunday June 24 and Monday June 25, where householders and business owners can find out more.

Public meetings:

Date	Venue	Time
Sunday 24 June	Indooroopilly Bowls Club Cnr Allwood and Clarence Roads, Indooroopilly	11:30 am
Sunday 24 June	Brisbane Golf Club 70 Tennyson Memorial Avenue, Yeerongpilly	3:30 pm
Monday 25 June	Acacia Ridge Hotel 1386 Beaudesert Road, Acacia Ridge	11:00 am
Monday 25 June	The Greek Club 29 Edmondstone Street, South Brisbane	3:00 pm

To register interest in the potential class action visit www.imf.com.au/wivenhoe or contact 1800 809 600.

Positive signs for Brisbane River flood victims

Wivenhoe Dam

AN ANNOUNCEMENT on the potential class action against the State Government's handling of Wivenhoe Dam is expected in July as litigators finalise their expert testimony.

The signs are positive for Ipswich flood victims, with law firm Maurice Blackburn, backed by litigation funders IMF, expecting a claim to be lodged.

Public meetings will be held again this weekend in four Brisbane locations, to update potential claimants on how the hydrologist's investigations are faring.

Maurice Blackburn Lawyers principal Damian Scattini said while Ipswich will not host any meetings this weekend, meetings will be scheduled in the region.

Hundreds gathered for the previous meetings held in March, but Councillor Paul Tully doesn't expect many Ipswich residents to travel to Brisbane this weekend.

Mr Scattini said the world-class hydrologists the legal firm have engaged to prove their case have uncovered some positive findings so far.

"They are genuinely world class and genuinely independent," he said.

"We are anticipating making an announcement in July. We still have some things they need to do there. We need to show what difference that would have made."

Cr Tully said the positive signs were a promising indication to the people of Ipswich searching for a last chance to recoup their losses.

"That's good news for all of the Ipswich flood victims. People are sort of anticipating a positive result following the Commission's findings that the operation of the dam had breached the manual in the days leading up to the flood," he said.

"This will give something to people who were not insured and whose insurers didn't pay out."

www.QT.com.au

19.6.12

Flood disgrace: Wivenhoe Dam staff forced to use ageing power unit in flood defence

The back-up generator used during the floods at Wivenhoe Dam.

A page from the Wivenhoe Dam incident log. 

WIVENHOE Dam staff were forced to use an "unreliable" 25-year-old diesel generator to operate the gates at the dam wall when power was lost during the worst of the 2011 floods crisis.

That was because Seqwater had failed to act on its engineers' recommendation to junk it months earlier. The unit remains in service, 21 months after it was identified as requiring "immediate" replacement.

Previously unseen incident logs from Wivenhoe, obtained by The Courier-Mail using Right To Information laws, captured the unfolding drama as a handful of junior staff battled crises on multiple fronts.

They showed the back-up generator at the dam wall was fired up at 9am on January 11, 2011, when all mains power was cut by floodwaters, and remained in use until power was restored 36 hours later.

It was during this period that the operators' strategy changed from protecting downstream properties to saving the dam. It was also when the massive releases were made that flooded Brisbane and Ipswich.

The logs showed staff made frequent calls to Energex asking how soon the power would be restored.

One entry reads: "Energex waiting for break in weather, will heli deploy staff." Another notes simply: "Energex doing something."

"They weren't happy with that (generator) being the only source of power at the wall," a person involved in the crisis told The Courier-Mail.

There was no mention of back-up power at the dam in the findings of the $15 million flood inquiry. The logs from the wall, which Seqwater says it handed over to the inquiry, were never discussed in hearings.

The documents showed there were also communications failures as fax lines, over which directives were received from the flood operations centre in Brisbane, were cut.

"Water ingress" affected some equipment and operators took inventories every few hours of how much fuel was left for the generator.

The diesel generator unit is the main emergency source of high-voltage power to open the dam gates and for lighting and other services at the dam. Its replacement was the top recommendation of a five-year maintenance survey of the dam led by principal dam safety engineer John Tibaldi in September 2010.

"The main issues found during the inspection relate to ensuring the ongoing reliability of the standby diesel generator," the report said.

"This unit is now over 25 years old and appears to be approaching the end of its useful working life."

Under "General recommendations" the report concluded: "Replace the Standby Diesel generator as it is no longer reliable".

The work was given a "criticality" rating of one, defined as "rectification required immediately, that is, within one month".

Seqwater said this week: "Following the (September 2010) report and ahead of the 2010-11 wet season, the standby generator was serviced as part of an ongoing maintenance program and capable of operating as required."

Seqwater said it had "begun planning the procurement" of a new generator after the 2010 report. It blamed flood repairs for holding up the work.

A new generator was now part of the 2011-12 works program, with a budget of about $280,000, it said.

"It should be noted that works identified in the 2010 report are not critical to the ongoing operation of Wivenhoe Dam," the company said.

But it said a further back-up generator had been added since the 2011 floods.

www.CourierMail.com.au

19.6.12

Political bastardry could wipe out flood victims' rights with the stroke of a pen

Premier Campbell Newman has a
 lot of thinking to do over any
 class action against
 the State  Government.

It would take just the stroke of a pen by Queensland Premier Campbell Newman to wipe out the legal rights of possibly more than 10,000 flood victims in the devastating Brisbane River floods of January 2011.

Leading lawyers Maurice Blackburn in conjunction with litigation funders IMF (Australia) are examining the possibility of a class action against the State over the release of water from Wivenhoe Dam from Saturday 8 January 2011 which the Floods Commission found was in breach of the Dam Operating Manual.

This was three days before the devastating floods hit Ipswich and Brisbane.

Three Seqwater engineers were referred to the CMC by the Floods Commission for investigation of their role in the operation of the dam during the crisis.

It has now emerged that the State Government has the legal power to retrospectively wipe out the rights of all class action claimants.

This possibility has come as a complete shock to local flood victims.

With his overwhelming majority in the Queensland Parliament and his timid and compliant backbenchers, LNP Premier Campbell Newman could prove himself worse than Victoria's former Premier Jeff Kennett if he were to even contemplate this option.

Greater Goodna Flood Group spokesman Paul Tully - himself a flood victim - has called on Premier Newman to give a "rolled-gold 100 percent guarantee" that the State Government will not legislate in any way to deny or restrict the legal rights of flood victims.

"Campbell Newman has a duty to all flood victims to completely rule out this possibility so that no further trauma is caused to southeast Queensland's flood victims.

"If the LNP dared to contemplate this course of action, it would be the worst legal abuse and denial of natural justice by any government in Australia since the arrival of the First Fleet in 1788," Paul Tully said.

17.6.12

Queensland responds to flood commission report

Ipswich Motorway Goodna, facing east,
at the height of the January 2011 flood.

THE Queensland Government will seek Commonwealth help to implement all the recommendations of the floods inquiry.The Floods Commission of Inquiry made 177 recommendations in its final report, which was handed down in March.

They related to the management of southeast Queensland's Wivenhoe Dam, flood levee regulation, planning and other issues.

Premier Campbell Newman tabled the Government's formal response to the inquiry in parliament today.

The 123 recommendations that relate to the State Government will be divided into five streams for implementation, with a working group to be set up for each stream.More than 50 recommendations relate to councils.The State Government has provided $80 million to help councils with flood mitigation and mapping projects.

Mr Newman said the Federal Government would be asked to contribute $40 million for flood mitigation work in regional areas."Queenslanders deserve better flood maps, but we can't send councils broke in developing them," he told parliament.

State cabinet will receive regular progress reports on the implementation of the recommendations from August 2012.

www.news.com.au

15.6.12

Suncorp slammed: Massive insurance hike for Goodna flood victims

FLOOD VICTIM: Goodna resident Allan Kunst has
 found his insurance premium has gone up
  since losing his home in the 2011 floods

FLOOD-AFFECTED residents of Enid St, Goodna say their home insurance premiums have gone through the roof and they will never be able to sell their houses.

Damian Main lost his home and business in January 2011, and upon renewing his home insurance premium with NRMA he was gobsmacked to find it had increased from $800 a year to $8000.

After recent flood events in Queensland and New South Wales, consumer watchdog Choice reported 89% of respondents to its latest insurance review said their insurance premiums had risen by 20 to 30%.

"We've heard anecdotally of people facing increases of up to 1000% for home and contents cover," Choice spokeswoman Ingrid Just said.

A year and a half on, Mr Main was still cleaning up his property as his insurer refused to cover him after the disaster, except for the delivery and two weeks rent in a temporary donga his family lived in.

"Who can afford $8000 a year, how can they justify that?" he said.

"Over 10 years, that's $80,000. I can't see another serious flood coming in 10 years."

Mr Main said he was at a loss with what to do and had spent the last few months ringing around getting quotes.

"I got a price from Suncorp after the floods and they would cover me for $6300, then recently they gave me a price for $3000.

"I don't know why there has been such a big change, but that is still too expensive for us to afford on one income."

Down the road, retiree Allan Kunst's insurance premium had nearly doubled from $360 per year to $701.

Mr Kunst said he held a policy with Suncorp for 23 years and in 2010 swapped to Real Insurance due to rising premiums.

"We thought we were insured for $196,000, but after the floods, the maximum they would pay out was $15,000," he said.

"The water went nine metres over our roof and no one else will insure us now.

"We can't sell the house as no one can get the capital to buy it because you've got to get flood insurance.

"By law, I have to tell any buyer how far the water went over my roof.

"We can't do anything else."

Choice's report into home and contents insurance identified positive moves by the insurance industry set to benefit consumers, including an agreed definition of flood and a decision to introduce a key facts sheet to help policyholders understand what they are covered for.

"We also want the industry to work towards simpler product disclosure statements and policies that are more easily comparable," Ms Just said.

One issue still unresolved is whether or not flood insurance should be mandatory or provided on an 'opt-out' basis.

"There's no easy answer on mandatory flood insurance - people who have a low flood risk don't want to pay for an extra they don't need," Ms Just said.

"On the other hand, if everyone is covered, it closes the coverage gap we now have.

"If you get a premium bill that's over the top, pick up the phone or go to see your insurer - if you have evidence to support your case, they may compromise."

www.TheSatellite.com.au

15.6.12

Brisbane floods class action: claimants urged to sign up as deadline looms

Brisbane Rd Goodna during 2011 Flood.

A LAW firm considering a class action against the Queensland Government over last year's floods says time is running out for victims to sign up.

Maurice Blackburn, along with litigation funder IMF Australia, will hold a series of public meetings across flood-affected areas of Brisbane.

IMF executive director John Walker says the meetings are an opportunity for residents and businesses to hear how the claims investigations are proceeding and to sign up.

Flood victims will be told they don't have long to join the case, with a claim likely to be made in July.

The meetings will be held in the Brisbane suburbs of Indooroopilly, Yeerongpilly, Acacia Ridge and South Brisbane on June 24 and 25.

www.CourierMail.com.au

15.6.12

Flood ravaged Goodna Services Club to re-open on July 5

Goodna Services Club general manager Deb Colbert outside

the building which has been decorated with the largest

Australian flag in Ipswich.

DON'T be surprised if you hear Aussie, Aussie, Aussie, Oi, Oi, Oi ringing out around Goodna early next month.

That's when the revamped Goodna RSL re-opens nearly a year and a half after the Queensland flood disaster.

The building, which was almost fully submerged during the flood, will reopen to the public on July 5 with a paint job that takes patriotism to a new level.

The building's three road-facing facades are adorned with three huge Australian flags, while a new flagpole will be erected at the rear of the premises to fly an oversized Australian flag that can be seen from the Ipswich Motorway.

General manager Deb Colbert said the paint job would make the RSL a Goodna landmark while respecting the sacrifice made by generations of Australian servicemen.

"Being an RSL we are patriotic," Ms Colbert said.

"Everybody fought under that flag. A lot of people died under that flag.

"So why not put it on there and bring back what RSLs are all about."

The wave-shaped wall above the windows on the front of the club houses the biggest of the three flags more than 20m across.

The front doors of the club will open to the public nearly 18 months after the disaster that consumed much of Goodna.

The club minimised some of the financial loss by trading out of the function centre on Brisbane Tce since May last year but for staff the reopening of the main club can't come soon enough.

"I can't wait to get back into this building," Ms Colbert said.

"It's been a tough time for the staff in general but I've been overwhelmed with interest for new jobs."

More than 25 tradesmen are working on the site each day as they work to prepare the RSL for the long-awaited opening.

The club has a new look both inside and out but the GM was giving little away when questioned about what patrons can expect to find.

"All I can say at this stage is that it will be very special," Ms Colbert said.

The Queensland Times

13.6.12

COMMENT: Congratulations to all the members (more than 50,000) and Committee of the Goodna Services Club on this milestone after the devastating Brisbane River flood of 11 January 2011.  This has been a long and mighty effort and will be a major boost for the Club, the community and the Goodna Town Centre. - PaulGTully@gmail.com 

Wivenhoe Dam back to high levels

WIVENHOE Dam has been allowed to reach its highest level since February 2011, with steady flows lifting the massive water supply well beyond the 75% maintained during the summer wet season.

SEQwater figures from last Friday showed the dam was now more than 85% full and rising slowly as a result of the relatively light rain that hit the area last week.

The dam has been on a steady rise since measures to rein it in were relaxed in mid-March.

The previous State Government made the decision to drain Wivenhoe to 75% of its full capacity at the end of last year following pressure from flood victims and the then LNP opposition.

Before that, the dam level had been maintained at 80%.

A change in State Government could lead to a change in policy for the way south-east Queensland's dams are managed. An SEQwater spokesman said the new State Government was in the process of reviewing dam management practices - in particular the levels that will be maintained during the summer storm season.

"For now at least, the dam will be allowed to return to its full supply level," the spokesman said.

"The new Government is reviewing the levels and how they will be maintained in the future."

At this stage it is uncertain whether the LNP Government will drain Wivenhoe Dam back to 75% at the end of this year.

The previous government's decision to leave Wivenhoe at 100% leading into the floods in January 2011 was blamed for reducing the dam's flood mitigation capabilities.

Lake Wivenhoe reached 190% at the peak of the floods, with water lapping just 60cm below the auxiliary spillway.

This necessitated the steady release of water down the Brisbane River during the flooding to prevent what would have been an even bigger catastrophe. In a week-long period between January 12 and January 20, last year, 90% of the capacity of the dam - close to one million megalitres - was released down an already flooded Brisbane River.

As of last Friday, Wivenhoe Dam was one of the few storages on the south-east Queensland water grid that was not full or overflowing.

In fact, 10 out of the region's 24 major dams are currently spilling.

Eleven of the remaining 14 are either 100% full or just under, including Somerset Dam, which is 99.6% and North Pine Dam, which is 98.4%.

http://www.qt.com.au/ 

12.6.12

Goodna RSL re-opening set to revitalise area after 2011 flood

Goodna RSl will re-open its doors for the
 first time since the floods on July 5.

GOODNA will be revived when the RSL Services Club reopens its doors for the first time since the precinct was fully submerged in the 2011 floods.

The former hub of the suburb will get its buzz back next month, but also boost employment for Ipswich with more than 30 jobs up for grabs.

Cr Paul Tully said although it had been a long time coming, the re-opening of the RSL would revitalise Goodna.

"I remember the 11th of January and watching the flood waters coming up and entering the building," he said.

"The RSL was a real focal point of the suburb. It was one of the biggest clubs in Ipswich with over 50,000 members.

"We've got high unemployment rates around Ipswich, so 30 jobs will great for the individuals and families of Goodna."

RSL general manager Debra Colbert said they were recruiting for a variety of positions.

"We have openings for everything from bus drivers to bar work, gaming, supervisors, duty managers and administration," she said.

Mrs Colbert said refurbishment began in February 2012, and after several set backs, she was looking forward to the RSL officially opening its doors on July 5.

"We had to secure funding to complete the refurbishment because there was no flood cover in our insurance," she said.

Among the changes are an all new sports bar, a large gaming bar, as well as the RSL's shiny new face.

"We are very thankful for the people who have fought under our flag, so we decided to put the flag on our building," Mrs Cobert said.

"When the flood in January 2011 decimated the club, an amazing number of people came together to help us and our community.

"We came together as Australians. We are proud and not ashamed to show it."

Mrs Colbert said interested applicants could pick up an application from at the RSL's function centre.

www.TheSatellite.com.au

5.6.12

Market traders consider flood litigation against Queensland Government

The fruit and vegetable markets at Rocklea were
left with a $100 million dollar damage bill.

Brisbane's market traders are seeking legal advice about another potential lawsuit against the State Government over last year's floods.

The fruit and vegetable markets at Rocklea were left with a $100 million dollar damage bill.

Traders have now engaged a legal firm to investigate if there is enough evidence to support a class action over the mismanagement of Wivenhoe Dam during the floods.

Market CEO Andrew Young says traders want the State Government to take responsibility for what happened.

"The Government built the markets here - they put us here - they're responsible for a lot of the development of the site after the 1974 floods," Mr Young said.

"We like so many others in flood affected areas are evaluating our options.

"What we've really just signalled is that if that material indicates that there was significant extra damage caused and there's prospects in a legal case then we would look at heading up a lawsuit at that time."

Thousands of people have already signed up to a separate class action being pursued by law firm Maurice Blackburn.

www.ABC.net.au

7.6.12

We'll do what's needed for Ipswich flood recovery says Premier

Ipswich CBD went under water
during the 2011 flood.

THE State Government has pledged to work closely with Ipswich City Council to implement all recommendations of the Flood Commission of Inquiry.

Handing down his response to the inquiry in parliament on Thursday, Premier Campbell Newman committed to implementing the 123 recommendations related to the State Government.

The inquiry findings were handed down in March following last year's devastating deluge in South-East Queensland.

As part of their commitment to follow through with the recommendations, the Queensland Government will work with Ipswich City and Somerset regional councils to progress a Brisbane River catchment flood study.

A probability estimate of another flood occurring in Ipswich City and a potential flood alert on properties on the real estate market will also be worked on by the council and the government.

Mr Newman said there would be a big focus on working hand-in-hand with local governments.

"This response sets out in detail…our plan to support and work closely with local governments on the ground in implementing the recommendations," he said.

"Queenslanders deserve better flood maps, but we can't send councils broke in developing them. We will aim to develop a sound, properly prioritised risk-based flood mapping system across the state."

The government will also "consider" the feasibility of upgrading bridges and crossings between Colleges Crossing and the Moggil Ferry.

However, the government stated in its response, options would need to balance significant financial implications with regional and local needs.

Transport and Main Roads Minister Scott Emerson previously ruled out any upgrades to the crossings in the near future.

Following the scrutiny Wivenhoe Dam operators were subjected to during the flood inquiry, the government committed to a raft of recommendations about the overhaul of dam flood mitigation manuals.

The manuals will be finalised before the 2012-2013 wet season.

Many of the recommendations in the flood inquiry rest squarely on the shoulders of local governments.

In an attempt to ease the financial burden, Mr Newman said he would provide $40 million to fund council projects over three years. An additional $40 million from the Royalties to Regions initiative will also assist councils.

Local Government Association of Queensland president Paul Bell said councils' major concerns had been heeded.

"Local government will also be represented on four of the five working groups the premier has established to ensure the implementation of the response to the inquiry remains on track," he said.

www.QT.com.au

8.6.12

Ipswich Council tweaks planning guide to development adopted after January floods

IPSWICH City Council intends to continue to operate a temporary planning regulation designed to ensure that inappropriate development cannot take place on Ipswich's flood plains, following the publication of the Queensland Flood Commission of Inquiry's findings. Planning and development committee chairman Councillor Paul Tully said the Temporary Local Planning Instrument (TLPI) operating in Ipswich was recognised in the final report of the inquiry as an appropriate planning measure. Cr Tully said as this regulation was due to cease in mid-June, the council was now intending to adopt a replacement TLPI. "Temporary Local Planning Instrument (TLPI) 01/2011 was prepared to provide improved flood control regulations," he said. The revised flood line will continue to be based on a combination of the one in 100 line, the 1974 flood, and data provided by the Department of Environment from the January 2011 flood. - Ipswich Advertiser

Sensational 2011 flood cover-up claim

Channel 9 News tonight has revealed secret phone recordings with emergency services on 10 January 2011.

Channel 9 has promised more explosive allegations tomorrow tonight.

If the fire services commissioner fails to publicly respond to these claims, he doesn't deserve to retain his job.

And Anna Bligh should count herself lucky that she didn't lose EVERY Labor seat in Queensland had this information become public before the March state election.

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

www.QT.com.au

23.5.12

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."

www.cqnews.com.au

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.

www.CourierMail.com.au

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.

www.ABC.net.au

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.

www.QT.com.au

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.

www.TheAustralian.com.au

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.

www.CourierMail.com.au

22.05.12

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