12 July 2012

Flood fraudster hit with suspended jail sentence

MORE Ipswich flood cheats are being caught out, with one man being sent to prison this week and another woman pleading guilty to ripping off more than $5000 from the community.

Tuputala Ropati, 34, made six separate fake claims for the flood relief money, notching up $5100 she wasn't entitled to.

Ipswich Magistrates Court heard Ropati would claim up to $850 at a time, and made the dodgy claims on January 17, 18, 19, 20, 22 and 28 last year.

Magistrate Donna MacCallum said she couldn't accept Ropati "didn't know" the payments were a one-off.

"That explanation doesn't ring true and has an air of dishonesty about it," Ms MacCallum said.

Ropati has a strong Christian faith and support from her church in Goodna, but Ms MacCallum said her actions were a "clear breach of your belief in the teachings of God".

"What you did, when people were in dire need during a natural disaster, was a clear breach of your Christian faith," she told Ropati.

"It is stealing from the community."

Ms MacCallum said if Ropati's offences weren't discovered by police, she most likely never would have paid the money back.

Ropati, who has no criminal history, pleaded guilty to six counts of fraud and was sentenced to six months prison which was suspended for 12 months.

She was also fined $300 for driving an unregistered and uninsured car, and was ordered to pay $5100 restitution to the Queensland Government.

In another case, Tony Arthur Keasey, 51, claimed more than $1500 he wasn't entitled to and will spend a month behind bars for the fraud.

On February 1 and February 3 he claimed payments at Goodna and the Ipswich Showgrounds of $1530 by lying about having a partner and children to support.

The court heard Keasey had 68 prior convictions for fraud on his three-page criminal history.

He pleaded guilty to two counts of fraud and was sentenced to four months prison, to be suspended after one month for an operational period of three years, and was also ordered to pay restitution to the Queensland Government.


12.7.12


08 July 2012

Engineers Australia releases comments on the Queensland Flood Commission of Inquiry Final Report



Engineers Australia report supports technical decisions during Wivenhoe Dam crisis

Engineers Australia has completed a comprehensive analysis of the implications of the Queensland Flood Commission of Inquiry’s Final Report and its recommendations for engineering professionals, in a report released today.

The report, collated by senior engineers and flood-experts from Engineers Australia’s Queensland Division Flood Committee, highlights the intense and highly complex challenges faced by the dam engineers responding to the flood crisis in 2011. The report also focuses on four key areas concerning flooding and floodplain management including; planning, resilience, response and implementation.

“Currently floodplain management is the responsibility of local authorities, with some input from state and federal advisors. This approach is inconsistent across the state, resulting in varying flood management,” said Steven Goh, Engineers Australia Queensland Division President.

“This is in contrast to other states where the state government has a significant role in the floodplain management process, particularly supporting local government and communities. Having a more consistent approach throughout the state and Australia-wide would be a valuable contribution to mitigating the damage and providing a better level of community safety throughout all parts of Queensland.

“Engineers have a critical role to play in protecting the community, particularly in times of crisis. Engineers Australia believes that the most important lessons to be learnt from the 2011 floods are those that go towards ensuring that improvements in floodplain management, flood preparedness and emergency services are implemented throughout the state for the future.

"Engineers Australia has not questioned the technical competence of the engineers involved in the floods. Given the circumstances, the dam operators performed appropriately. Flood operation is a multifaceted task that requires specialised operators who must use their expert technical judgment, with guidance from flood operation manuals or other appropriate documentation.

“Community awareness programs to understand appropriate responses to flooding should be implemented well in advance of flood-crisis situations. Severe flooding has occurred in the past and can happen again. Ongoing community engagement and education is crucial during non-flood periods for the protection and safety of society,” said Mr Goh.

Engineers Australia is committed to protecting the standards in the profession and working with local authorities, state and federal governments to assist in the preparedness of the community to deal with natural disasters and crisis situations.

www.EngineersAustralia.org.au

COMMENT: As expected, Engineers Australia has backed up its mates who failed to operate the Wivenhoe Dam during the January 2011 flood crisis in accordance with the approved manual.  This was one of the key findings of the Floods Commission but it seems to have been conveniently overlooked by Engineers Australia. If the engineers couldn't get the operation of the dam right before the flood reached its peak, why does Engineers Australia think another layer of engineers responsible for flood plain management would do any better than local governments across Queensland.

8.7.12

Engineers Australia may soon be eating humble pie!


Channel 7 News - 8 July 2012


Engineers Australia has issued its response to the Floods Commission Report handed  down in February.

And surprise, surprise, it backs the Wivenhoe Dam engineers who mismanaged the dam from 8am on Saturday 8 January 2011 - according to the Commission's final report.

Three of those engineers are currently under investigation by the CMC.

Potential class action claimants should not be too despondent over the Engineers Australia Report because Maurice Blackburn Lawyers, in conjunction with IMF (Australia) are commissioning their own engineering and hydrological studies on what actually caused the flood which devastated Ipswich and Brisbane.

With any luck, Engineers Australia will shortly be eating massive helpings of Humble Pie.

8.7.12

Brisbane and Ipswich's largest known floods - February 1893


Queen Street, one of the major roads in Brisbane, after the 1893 floods. Residents are seen rowing boats to move about due to the flooding.

South Brisbane during the 1893 flood.

Map from the Irrigation and Water Supply Commission.

Indooroopilly Railway Bridge

The 1893 Brisbane flood, occasionally referred to as the Great Flood of 1893 or the Black February flood, occurred when the Brisbane River burst its banks on three occasions in February 1893.

It is the occurrence of three major floods in the same month that saw the period named "Black February". There was also a fourth flood event later in the same year in June. The river runs through the centre of Brisbane in the Australian state of Queensland,with much of the population living in areas beside the river. It was flooded in the first flood due to a deluge associated with a tropical cyclone, called "Buninyong".

The second cyclone struck on 11 February, causing relatively minor flooding compared to the first flood.

When the third cyclone came on 19 February, it was almost as devastating as the first, and it left up to one third of Brisbane's residents homeless. This time however the flood in the Brisbane River was largely from waters from the upper reaches of Brisbane River, rather than the Stanley River.

For the first flood, Crohamhurst recorded 914.4 mm of rain fell in a 24 hour period.  The water surge was recorded on the Port Office gauge (now the City gauge) as being 8.35 metres (27 feet, 5 inches) above the low tide level. The February 1893 floods were the second and third highest water levels ever recorded at the City gauge, the highest being the January 1841 flood at 8.43 metres (27 feet, 8 inches).  There was however some oral aboriginal history suggesting a flood level of nearly 12 m prior to the first European settlement.

The 1893 events were preceded by two notable yet less severe floods in 1887 and 1890. Both were caused by high levels of summer rainfall; however the rainfall around this period (with the exception of the two summers) was described as "very low".

Full Report on the 1893 flood:
http://en.wikipedia.org/wiki/1893_Brisbane_flood


Getting good advice from a lawyer on a class action

Would you get advice on an accounting problem from a wine maker?

Would you get advice on a wine making problem from an accountant?

Maybe you would if you didn't care about the quality of the advice.

But when it comes to protecting your rights and entitlements after the 2011 flood, your best advice is from a qualified lawyer who knows and understands all of the legal complexities associated with a class action.

Protect your and your family's rights - listen to a lawyer's advice.

Flooding eases off the agenda as rising ocean temperatures have tide turning in favour of scorching sibling El Nino


OUR dams are full, the lambs are fat and the sprinklers are running again.

But weather experts are warning Australia's east coast to brace for a return to dry conditions, perhaps even drought, as another El Nino event looms.

After two consecutive years of record rainfall and devastating floods brought on by La Nina, the Bureau of Meteorology warned yesterday that climate indicators show a shift towards drier weather patterns, and a potential swing to the opposite phenomenon, El Nino.

Warmer waters in the Pacific Ocean can trigger an El Nino, which brings less rainfall and drought such as the one that drained Warragamba dam to one-third of its capacity five years ago. Cooler waters bring on La Nina and associated wetter conditions, including those that spurred this year's floods across NSW, and the devastating Brisbane floods the previous summer.

A bureau climatologist, Acacia Pepler, said conditions along the equator were yet to reach El Nino thresholds, but most climate models were predicting the event would develop in late winter and early spring.

''The chances of us reaching El Nino are growing,'' Ms Pepler said. ''It's not certain yet, but probability is increasing as the weeks pass.''

But the Weather Channel, which measures the event using different indices, called the result early, declaring yesterday that El Nino had returned.

''Sea surface temperatures through the central tropical Pacific Ocean have gradually warmed during the past few months and are now more than 0.5 degrees above average, passing the threshold for El Nino conditions,'' said senior meteorologist, Tom Saunders, adding that the rise must persist for five months before the event is ''fully fledged''.

Following Australia's wettest two years on record, which fuelled massive vegetation growth, a spell of dry, hot weather could lead to drought and ''a devastating bushfire season'', he said.

El Ninos typically occur every two to seven years. The most recent occurred in 2009, bringing with it extremely dry weather in winter and spring.

07 July 2012

RACQ house insurance switches to compulsory flood cover, limiting choice for homeowners

These signs on Brisbane Terrace Goodna show
what people still think of RACQ Insurance.
RACQ Insurance is switching to compulsory flood cover tomorrow, meaning Queensland's two biggest home protection brands do not offer the option of opting-out of the insurance.

The decision creates a widening number of people who will have to switch brands if they do not want flood cover, which can be extremely expensive for at-risk properties.

A House of Representatives committee has cited anecdotes of home insurance rising 41 per cent in one flood-affected Queensland regional area while the National Insurance Brokers Association knew of one property whose premiums rose from $500 to $3500.

But insurers argue compulsory cover provides certainty.

Such moves follow a PR nightmare in last year's floods when some people complained of confusion about insurance covering downpours but not floods.

Suncorp, the state's biggest insurer, has compulsory cover for its Suncorp and APIA brands.

Suncorp's AAMI brand, which has covered flood since February, allows customers to opt-out if their property is deemed "medium to high risk".

More than 90 per cent of AAMI customers "are at no or low risk of flooding, and the inclusion of flood cover will have little or no effect on their premium", it said.

Allianz uses an opt-out flood insurance option to "provide choice".

IAG-owned NRMA, which switched to compulsory cover in January, recorded positive feed-back from customers in flood-prone areas "who now have certainty".

www.CourierMail.com.au

30.6.12

Brisbane's rainfall in first six months of 2012 biggest since 1999

Unseasonal rain for Brisbane and Ipswich
but thankfully no serious flooding as in 2011.

AND you thought last year was wet. Brisbane has recorded its wettest start to the year in more than a decade.

Brisbane airport received 1039.2mm for the first six months of the year. The previous highest was 1067mm, set in 1999.

"The airport record is 1747mm in 1974 (while) the Brisbane city record is 1870.7mm in 1893," Bureau of Meteorology climate services manager Jeff Sabburg said.

Despite southeast Queensland flooding in January last year, most of the rain fell in dam catchments, with the city recording an extremely dry May and June. In the first six months of last year, Brisbane airport recorded 761mm.

Dr Sabburg said Redcliffe had recorded 1118.8mm this year. Its previous record was 1066.2mm, set in 1999.

The wet conditions extended as far north as Hervey Bay, where 1067.8mm fell at the airport, beating the 2004 record of 938.5mm.

Weatherzone forecaster Josh Fisher said January was usually one of Brisbane's wetter months.

"This year we had more than double the average monthly rainfall," he said. "Now the (rain bearing) La Nina is trending into a (drought-bearing) El Nino in spring and summer, so we are expecting slightly drier conditions."

Mr Fisher said constant high-pressure systems had brought moisture on to the east coast. About 60 per cent of Queensland recorded above-average rainfall in June.

Successive wet years have boosted the agricultural sector, with the statistics bureau reporting the national value of agriculture had increased by 16 per cent in 2010-11, to $46 billion.

But Queensland's sugarcane, bananas, pineapple and pawpaw growers did not share in the windfall, after being hit hard by flooding and Cyclone Yasi.

Wheat production was up by more than 25 per cent, to 27 million tonnes. Rice and cotton also rose, as did barley, canola, sorghum, mandarins and strawberries.

Beef cattle numbers increased significantly, while sheep and lamb numbers were recovering from long-term decline due to drought and high prices. Crop sale values increased by almost one-fifth, to $25 billion.

Livestock with slaughtering and other sales increased 8 per cent to $13.8 billion.

Forecasters say crop yields may vary because of the risk of an El Nino.

www.CourierMail.com.au

Why have one FABAH when you can have two?


FABAH (Flood Affected Businesses and Households) was established on Brisbane's southside after the devastating Brisbane River flood of January 2011.

But the organisation appears to have split - much to the consternation of business owners and householders.

There are now two websites - www.fabah.com and www.fabah.net - both proclaiming the virtues of FABAH.

Ipswich and Greater Goodna residents are concerned about the possible mixed messages from this double-headed duet.

One FABAH member has been seen hanging around meetings held in Brisbane by Maurice Blackburn Lawyers cautioning  members of the public about the alleged pitfalls of  joining the Maurice Blackburn/IMF (Australia) class action.

Whose side is FABAH really on? 

FABAH should be working with all flood victims and other like-minded groups to achieve the best possible outcomes for all businesses and householders.

Raw criticism of Maurice Blackburn/IMF is quite unfounded and simply serves to instill fears in the average member of the community and to undermine what is currently the only flood class action on the horizon.

Those fears being engendered by persons who should know better could easily result in thousands of flood victims being too scared to join a class action and missing out on their just legal entitlements.

The www.fabah.net site gives some clues to the history of this sad situation reminding us all of  the old political adage - Disunity is Death:

FEBRUARY
Rod Williams and Ken Madsen agreed that FABAH would pay for some of the legal expenses of the Mid Brisbane River Irrigators, who had standing before the Inquiry. However MBRI refused to allow David Stark to brief its barrister, resulting in questions not being asked that could have destroyed the credibility of SEQWater and its supporting ‘experts’. This might have led to truly independent experts revealing the truth, but that opportunity was lost.

MARCH
Prior to 12 March, David Stark had publically drawn attention to Maurice Blackburn/IMF deceptively inducing flood-affected people to join their Class Action.

On 12 March, IMF complained about this publicity. Rod, Ken and David conferred and concluded that as FABAH was not incorporated there could be no legal action taken against FABAH, and that only David would be liable for any legal action as he was the author of the criticism. David, suggested that FABAH should register its business name to ensure Maurice Blackburn/IMF could not stop criticism or comparison of possible Class Actions, if they registered the FABAH name.

As Rod and Ken did not think that was necessary, David then registered in his name FABAH Flood Affected Businesses and Households, to ensure there would be no curtailment his work or commentary to assist those flood affected.

14 March, on Greg Cary’s radio program on 4BC, David obtained a commitment from Campbell Newman to fairly compensate those flooded once negligence was proved, and that folk would not be forced to take legal action to obtain compensation.


The public no longer understands who FABAH really is or who officially speaks for FABAH.

Until FABAH gets its act together and shows a willingness to work with the community, its presence at future meetings in Ipswich and Greater Goodna would be untenable.

The way FABAH has now apparently developed a schizophrenic personality should be cause for alarm by any fair-minded flood victims searching for the truth and the best possible course of action for them to take.

An amusing side to all of this intrigue is revealed by a simple Google search of  "Fabah":

Fabah - Bint Al Bahr Babson Arabians

Fabah sired 67 foals form 1957 through 1975. His grandget number more than 740. His influence in the Babson group has been extensive. He was well ...

Fabah might have sired 67 foals in the United States but in downtown Brisbane, Fabah is proving to be nothing but a poor-performing gelding!


7.7.12

06 July 2012

Flood-hit facility opens again - RSL club is finally back home

EMOTIONAL DAY: Goodna RSL Services Club
has reopened following major renovations after
last year’s floods. Inspecting it are (from left)
Cr Paul Tully, general manager Debra Colbert
and president David Christie

IT WAS 541 days ago when the floodwaters that swept through Ipswich overwhelmed the Goodna RSL Services Club, leaving it submerged in the Brisbane River’s muddy surge.

Yesterday proved to be the brightest day in the club’s recent history, as the doors opened to the newly renovated club for the first time.

The final cosmetic touches were still being applied as members rolled in to see the new and improved club after its official opening on Wednesday night.

President David Christie was pleased the members were finally able to use their club again, after it temporarily called a Brisbane Tce premises home during the renovations.

"It’s been very stressful. It’s been the hardest 18 months of my life dealing with that, but on a positive note it’s great to see all the members come back," he said.

"All of our members were affected by the flood, Paul (Tully) was one of them. It’s been hard for those members to come back up and visit the club since.

"It’s really encouraging to be able to offer the community such a venue as it is." General manager Debra Colbert welcomed back many familiar faces among the club’s 54,000 members.

Nearly all the club’s members retained their membership as the premises were being renovated.

"Come back and they will be surprised what they find," she said.

Cr Tully remembered the night he rode in a dingy over the club as the just before the floodwaters reached their peak.

"It was really surreal. The lights were still on," he said.

"A lot of people didn’t see it (the club) until after the flood." Cr Tully praised the club’s determination to ensure the doors opened again.

"The Goodna Services Club ploughed hundreds of thousands of dollars into local groups and causes," he said.

"The loss of this support has had a major effect on our local community."

http://www.qt.com.au/

6.7.12

05 July 2012

Goodna Services Club re-opens after the devastating flood of January 2011

Members await the re-opening of  the
Goodna Services Club after being closed for 541 days.
Members lined up at the Goodna Services Club before 10am today for the official re-opening of the Club after being closed for 541 days following the 2011 flood.

The Club is located at Woogaroo Street, at the rear of the Goodna Railway Station, and has over 50,000 members.

It was previously known as the Goodna RSL Services Club.

Goodna RSL Services near the peak of
the Brisbane River Flood 12 January 2011

As the Brisbane River burst its banks at Goodna on 11 January 2011, the club disappeared beneath the murky waters.

Today, it re-opened in a blaze of glory bigger, better and brighter before.

Local Councillor Paul Tully congratulated the club on its efforts to reopen.

"President Dave Christie, his Committee and hardworking staff deserve accolades of the highest order for restoring 'the old girl' and again giving the people of Greater Goodna a facility which we are all extremely proud of," Cr Tully said.

5.7.12



Flood Update: Seqwater legal defence of Wivenhoe Dam operation in Brisbane floods costs taxpayers $4.2m

Seqwater has spent millions defending its operation
of Wivenhoe Dam during Brisbane's devastating floods.

SEQWATER has cost taxpayers more than $7 million in legal fees since the 2011 floods, with two-thirds of that - nearly $5 million - going to the law firm that represented the dam operator at the floods inquiry.

Queenslanders are also footing a $7 million annual insurance bill for the company, double the pre-flood cost.

Financial records - obtained by The Courier-Mail using Right to Information laws - show law firm Allens Arthur Robinson charged Seqwater a total of $4.8 million between January 2011 and April 2012, with $1.5 million of that billed after the inquiry reconvened in February.

A spokesman for the dam operator said it had paid Allens a total of $4.2 million for flood inquiry advice and $500,000 for other work. The law firm declined to comment.

Allens' website says: "Our recent roles include acting for Seqwater, the owner and operator of the Wivenhoe and Somerset dams in Queensland, in the Queensland Flood Commission where it has assisted the Commission in understanding the key decisions taken during the major flood event in January 2011".

Seqwater also has used a panel of law firms for other legal advice since January 2011, at a cost of $2.3 million. The firms include McCullough Robertson, Minter Ellison and Clayton Utz. McCullough Robertson also represented Seqwater's parent, the Water Grid Manager, at the floods inquiry.

The new LNP Government is cracking down on spending on professional advisers such as lawyers and accountants and this has already caused firms to cut jobs.

"They're looking for value," said one senior Brisbane lawyer. "They're sending a message that they're not going to defend positions just to say a public servant was right."

Allens was criticised by a Federal Court judge last year about costs after it tried to bill $10,000 a day for the services of Walter Sofranoff, QC, the Queensland Solicitor-General.

The documents show Seqwater's insurance costs have more than doubled to $7.1 million in the year since the floods.

There was also a single premium of $1.2 million paid to reinsurer Aon.

Seqwater blamed the rise on "general market increase in insurance rates and an increase in our premiums due to the January 2011 flood".

Seqwater also had to expand its cover after taking over the Tugun desalination plant, the Western Corridor recycled water pipeline and Wyaralong Dam and on completion of the Hinze Dam upgrade.

Seqwater is to be merged into a super-supplier to honour a Newman Government election pledge to cut consumers' water bills by $80.

www.CourierMail.com.au

29.6.12

D-Day for flood victims as class action decision looms

Cr Paul Tully
Flood victims across southeast Queensland will face a key decision in the next few weeks whether or not to join the proposed class action against the State Government over the devastating Brisbane River floods of January 2011.

Maurice Blackburn Lawyers and IMF (Australia) Litigation Funders are awaiting final engineering and hydrology reports from world experts in relation to the flood and whether or not the actions (or inactions) of the dam engineers actually caused the flood downstream of Wivenhoe Dam or contributed to its level in individual suburbs.

It promises to be the largest class action ever commenced in Australia.

Ipswich Councillor Paul Tully, himself a flood victim, is encouraging flood affected residents planning to sign up for the class action.

Cr Tully said one television journalist had declared a few months ago: "You'd be a fool not to sign up."

"The journalist summed it up completely in eight words," Cr Tully said.

Cr Tully said Maurice Blackburn Lawyers, in conjunction with IMF (Australia) were well-advanced in their plans for a class action with more than 3500 people already signed up.

He said the fees being charged for a successful class action were reasonable given the magnitude and complexities of the claim and the significant financial and legal risks being taken by Maurice Blackburn Lawyers and IMF (Australia).

"I urge claimants to sign up with their eyes open and read the documentation in its entirety and satisfy themselves of their rights and obligations."

Cr Tully said procrastinators and other seeking to get a better deal elsewhere could end up getting nothing.

"65% of anything is better than 100% of nothing," Cr Tully said.

"Some people could be left lamenting if they don't join the boat in the near future."

Cr Tully warned Brisbane and Ipswich residents about "self-appointed doom and gloom experts whose main ability was to lead people up the garden path in the quickest possible way".

"Residents should carefully scrutinise any information from one-man bands, malcontents, self-appointed flood, engineering, legal, financial and insurance experts and other pretentious upstarts who make doomsday sayers look positively upbeat!

"This will be the biggest legal decision many people will make in their entire lives and I urge people to think and act now and not miss out on any compensation to which they are legally entitled.

"Maurice Blackburn Lawyers are respected across Australia and are leading the way in this proposed, ground-breaking class action," Cr Tully said.


04 July 2012

Brisbane River Flood: Legal team confident of victory



The heart of Ipswich was inundated
in the January 2011 floods.


IPSWICH flood victims could win claims of $200,000 if an expected class action by Maurice Blackburn lawyers is successful.

Ipswich Councillor Paul Tully said the $1billion plus class action against the State Governmentwould initially determine liability.

About 3500 people in Ipswich and Brisbane have registered an interest in joining the action and about 2000 have signed funding agreements.

Cr Tully said Maurice Blackburn was "planning to commence a class action in the next couple of months, subject to the finalisation of their hydrological advice on the modelling of the flood".

"They are confident the claims will include loss of property and property damage as well as perhaps loss of property value. People who weren't insured could possibly be putting in claims of $150,000 to $200,000.

"While money doesn't buy happiness, it will make a big difference to a lot of people's lives and their families and their children."

Cr Tully said Maurice Blackburn was "reasonably confident the class action will proceed and that they will win".

IMF Australia are the litigation funders who are paying for the claim on behalf of the flood victims.

IMF Australia executive director John Walker said his organisation was looking at whether the law had been breached and to determine "firstly, whether or not the state owed a duty of care by building and operating the dam above Brisbane. And secondly, if it did owe a duty, what was the duty? That is usually defined as... operating the dam to the standard of a reasonably competent dam operator".

"There are two experts in the US who have been engaged - one to see whether or not the dam was operated to a standard that you could expect from a reasonably competent dam operator. The second expert is giving evidence with regard to the hydrological issues."

That will enable individual home owners to understand what flooding would have occurred in their homes and to claim accordingly.

"Individual properties might not have been flooded at all in some cases," Cr Tully said.

"With others in single-level properties, it might have been four or five metres lower. In two-storey houses, it might have just flooded in the bottom." Commercial damage will also be claimable. Goodna resident Oswald Van Sanden said back in March he was "hopeful the lawyers can help us get some money".

"I never got a penny from the insurance. I nearly had a breakdown and had to sell my house for half price," he said.

Those that sign up for the class action have nothing to lose because flood victims do not have to pay for the legal proceedings. Mr Walker said he was "confident that the project will proceed".

"We have got to finalise the experts' reports and finalise a list of flood victims that are part of the action," he said.

"Then we will approach the State Government to see of they are interested in a negotiated settlement... and if they are not, then file a claim."



CLASS ACTION

IMF Australia is a litigation funder that is paying for a $1billion plus class action on behalf of flood victims against the State of Queensland.


4.7.12

29 June 2012

Acts give birth to "Friends of the Flood" story

Children’s book author Ryll Paul, with siblings Mahlania and
Zachariah Tia, talks about Friends of the Flood
at the Ipswich Library yesterday.

AUSTRALIAN predators are portrayed as compassionate individuals in the children's book Friends of the Flood.

An owl is shown keeping a baby possum warm, and a goanna cuddles a lorikeet.

Author "Nana" Ryll Paul, of Forest Lake, was inspired to write the book after seeing a photo of a snake carrying a frog on its back in floodwaters last year.

"I just thought, how wonderful and uplifting it was," Ms Paul said.

"This co-operation between two creatures who would not normally help one another was also shown by humans."


29.6.12

2011 Flood Update: Giant rats are back in Goodna




Long term Goodna resident Keiron Butler with his rat bait at
his home. He spends $12 a week on baits to try to keep
the rodents at bay.



There are reports giant rats the size of bandicootsare back in Goodna.

Following the floods last year, a plague of rats engulfed the suburb with the Brisbane City Council sending in fox terriers to eradicate them.

At the time Goodna resident and greyhound trainer Keiron Butler raised the alarm that the oversized rodents were on the rampage.

But they were not given the knock-out blow.

"We've still got a plague of them. They are as big as bandicoots," Mr Butler said.

"They come up from the river. They are looking for warm places and there is no-one living in some of the houses here so rats live there. The landlords should be made to put out baits to solve this problem.

"We are trying our best to bait them. I am going through two packets a week which is eight square blocks. All up, I am going through an average of $12 a week in baits which is a bit of money for a pensioner.

"We used to get bandicoots on the rail line when the old trains were there but now they keep it clean so we don't get them.

"At first I thought the rats were bandicoots, they are that big. We've just got to keep baiting them. I suggest that everyone in the area keeps doing that because they carry a lot of disease and vermin."

Mr Butler showed the QT the large bait blocks he sets in traps. The rats eat them whole and keep coming back for more.

The trainer is concerned for his dogs, which chase the rats but he is worried if they catch them the baits will harm them.

Councillor Paul Tully has fielded calls from residents concerned about the ravenous rodents and said they were "a health issue".

"With the colder weather they are seeking refuge in and around people's houses," he said.

"We still have overgrown properties with absentee landlords. We've also got the river bank, the creek bank and the railway through the middle of Goodna.

"There are a lot of vegetation areas where these bloody rats can live... and the big bastards are back. Brisbane (City Council) lent us their rat-catching dogs last year which put a dent in the population, but they are just very hard to eradicate."

29.6.12
 

28 June 2012

Hundreds at Brisbane River flood class action meeting

Brisbane River flood at Goodna
DOWNSTREAM residents and business-owners, hit hard by last year's historic flood deluge, have thrown their support behind a possible class action against the State Government.

Brisbane-based firm Maurice Blackburn and litigation funder IMF Australia are investigating a claim with Queensland's flood victims over actions of the Wivenhoe Dam operators between January 7 and 12 last year.

The investigation is focused on whether the State Government and the flood operations engineers breached any duty of care by not causing greater releases of water earlier in the flood event, which could have reduced peak release rates and peak flood levels.

Hundreds of people turned out to meetings in Brisbane on Sunday and Monday regarding the progress of the class action.

A majority of the crowd was residents and business owners from flood affected areas of Ipswich, Brisbane and the Lockyer Valley.

The class action alleges the Wivenhoe Dam operators waited too long to release water and failed to protect businesses and landowners.

Maurice Blackburn Lawyers principal Damian Scattini said the vast majority of people who attended the meetings had joined forces.

The firm had engaged experts to assess aspects of the claim and they were due to provide response in July.

"We will report back by the end of July on whether we will proceed with our action, and I expect we will," he said.

"It is a big effort but it is very important case."

About 3000 people have signed up to the class action.

www.TheSatellite.com.au
'
25.6.12

25 June 2012

2011 Flood Claim: Wivenhoe class-action lawsuit relies on dam experts

Brisbane River flood January 2011
FIRMS mounting a class-action lawsuit against the Queensland Government have spent $1 million on experts to prove Wivenhoe Dam operators were negligent in flooding thousands of homes and businesses last year.

Several hundred flood victims turned out for public meetings in Brisbane yesterday and today as law firm Maurice Blackburn and litigation funder IMF Australia mapped out their strategy for the suit.

Maurice Blackburn partner Damian Scattini told a packed crowd at Indooroopilly Bowls Club that "overconfident" dam operators failed to follow their manual or monitor the weather properly in the lead-up to the flood.

Three US-based experts in dam and hydro-dynamics are preparing detailed reports and modelling that will demonstrate much of the flood damage was caused by late releases that could have avoided with more prudent management.

About 3400 people have already signed for the "no win, no pay" suit, which potentially could cost the state more than $1 billion.

The experts' modelling will show which areas would not have flooded or would have suffered substantially less damage if the dam operators had acted differently.

People with properties that would have been damaged no matter what the dam operators did will not be represented in the class action, which is likely to be filed in Queensland.

The class action will seek only actual damages not "pain and suffering" and compensation received from other sources might be deducted from the claims, Mr Scattini said. He confirmed the state was building a legal war chest and firming its legal position.

"I'm sure they'll find money to fight us," he said.

The state's inquiry into the floods provided "useful sworn testimony" for the lawsuit, with dam operators "in thick mud at the moment".

He doubted the state would pass legislation to limit a court payout.

Only a handful of the 200-plus people at the meeting raised their hands when asked if they had been taken care of by their insurance companies.

www.CourierMail.com.au

25.6.12

24 June 2012

Brisbane River flood victims mass for dam lawsuit

Flood victims meet at Indooroopily Bowls Club.

THERE was standing room only and some were turned away as Brisbane flood victims gathered today to discuss a possible class-action lawsuit against the operators of the Wivenhoe Dam.

Lawyers rallied support in the Brisbane suburbs of Indooroopilly and Yeerongpilly for a class-action lawsuit against the state dam operators for failing to protect homeowners and businesses during the 2011 flood, a move that could result in more than $1 billion in compensation payouts if successful.

Many more than 200 people attended, and half of them were standing in the crowded hall at the Indooroopilly Bowls Club.

Maurice Blackburn lawyers, backed litigation funder IMP Australia, have already signed up 3000 flood victims and say it is "very likely" a lawsuit will be filed, as early as the end of July.

Hundreds of homeowners and business owners who lost millions of dollars when flood waters were released from the dam attended the meetings at the Indooroopilly Bowls Club and Brisbane Golf Club today.

Two other meetings are scheduled tomorrow in Acacia Ridge and South Brisbane.

The meetings were touted as information sessions to inform people about independent investigations conducted by the law firm as it builds its negligence case against dam operators for allegedly failing in their duty of care to prompt a finding of negligence against the state.

Maurice Blackburn has not tipped which court it will file a suit in, or how much in damages would be sought. But previous estimates have placed damages above the $1 billion mark.

The government, facing a budget crisis, is taking a more hard line stand against litigants.

Premier Campbell Newman, who pledged before the election he would not force people into court to get fair treatment if they felt they deserved compensation, now says claims are a "legal matter" he won't comment on.

He says the government's dam inquiry made no adverse findings against Seqwater, the dam operators.

But Maurice Blackburn says there are negative findings, and its experts were stunned at how poorly the dam was managed, comparing the tragedy to missteps that led to the Titanic disaster.

There is a precedent in the US for flood victims using a class action suit to win millions of dollars in compensation from negligent dam operators.

Four hundred flood victims in Oklahoma joined forces in a 15-year battle against the Grand River Dam Authority before winning a major settle three years ago.

Maurice Blackburn said a class action suit they filed following the Victorian bushfires is heading to trial.


COMMENT: Premier Campbell Newman's claim that the Floods Commission made "no adverse findings" against the Wivenhoe Dam operator Seqwater shows that he is either living in Cuckoo Land or hasn't read the Commission's final report.  The Commission found that the dam had NOT been operated in accordance with the dam Operating Manual from 8am on Saturday 8 January 2011 and moreover, if it had been operated in accordance with the manual, downstream flooding in Ipswich and Brisbane would have been lower.  In addition, the Commissioner Cate Holmes referred three Seqwater dam engineers to the CMC to investigate their possible official and criminal misconduct.  If Campbell Newman really believes that the final report does not specifically contain any "adverse findings" against Seqwater, he is guilty of the most-disgraceful cover-up and political spin by any Premier since the Queensland Parliament was established in 1859.

24.6.12

2011 Brisbane and Ipswich Flood: Flood victims meet ahead of class action law suit against Wivenhoe Dam operators

Flood victims gather to hear the latest on the proposed
class action by Maurice Blackburn Lawyers

Hundreds of angry flood victims have met with lawyers
to discuss a class action against the Queensland Government.
Maurice Blackburn lawyers principal Damian Scattini addresses the
crowd at a public meeting for a proposed flood class action against
the State of Queensland on behalf of thousands of victims of the 2011 floods.


THERE was standing room only and some were turned away as Brisbane flood victims gathered today to discuss a possible class-action lawsuit against the operators of the Wivenhoe Dam.

Lawyers rallied support in the Brisbane suburbs of Indooroopilly and Yeerongpilly for a class-action lawsuit against the state dam operators for failing to protect homeowners and businesses during the 2011 flood, a move that could result in more than $1 billion in compensation payouts if successful.

Many more than 200 people attended, and half of them were standing in the crowded hall at the Indooroopilly Bowls Club.

Maurice Blackburn lawyers, backed litigation funder IMP Australia, have already signed up 3000 flood victims and say it is "very likely" a lawsuit will be filed, as early as the end of July.

Hundreds of homeowners and business owners who lost millions of dollars when flood waters were released from the dam attended the meetings at the Indooroopilly Bowls Club and Brisbane Golf Club today. Two other meetings are scheduled tomorrow in Acacia Ridge and South Brisbane.

The meetings were touted as information sessions to inform people about independent investigations conducted by the law firm as it builds its negligence case against dam operators for allegedly failing in their duty of care to prompt a finding of negligence against the state.

Maurice Blackburn has not tipped which court it will file a suit in, or how much in damages would be sought. But previous estimates have placed damages above the $1 billion mark.

The government, facing a budget crisis, is taking a more hard line stand against litigants.

Premier Campbell Newman, who pledged before the election he would not force people into court to get fair treatment if they felt they deserved compensation, now says claims are a "legal matter" he won't comment on. He says the government's dam inquiry made no adverse findings against Seqwater, the dam operators.

But Maurice Blackburn says there are negative findings, and its experts were stunned at how poorly the dam was managed, comparing the tragedy to missteps that led to the Titanic disaster.

There is a precedent in the US for flood victims using a class action suit to win millions of dollars in compensation from negligent dam operators.

Four hundred flood victims in Oklahoma joined forces in a 15-year battle against the Grand River Dam Authority before winning a major settle three years ago.

Maurice Blackburn said a class action suit they filed following the Victorian bushfires is heading to trial.

www.CourierMail.com.au

24.6.12

Hundreds of flood victims attend Indooroopilly flood meeting


Flood victims meet at Indooroopilly Bowls Club to
 hear the latest from Maurice Blackburn Lawyers
  and IMF (Australia) Litigation Funder

Hundreds of flood victims attended a meeting today at the Indooroopilly Bowls Club to hear the latest update on the planned class action against the State Government over the 2011 Brisbane River flood.
Damian Scattini from Maurice Blackburn Lawyers and John Walker from IMF (Australia) Litigation Funders addressed the group, explaining that their experts' hydrology reports and findings should be available by July - August.

The meeting was extremely positive and residents were heartened by the progress so far on what promises to be the largest class action in Australia's history.

Further meetings are planned tomorrow as follows:


Monday 25 June

Acacia Ridge Hotel

1386 Beaudesert Road, Acacia Ridge

11:00 am


The Greek Club

29 Edmondstone Street, South Brisbane


3:00pm

 
Information on any upcoming Goodna and Ipswich meetings will be posted on this site.

24.6.12

23 June 2012

Flood victims to meet with lawyers Sunday 24 June 2012


Walter Taylor Bridge at Indooroopilly
 during the Brisbane River flood of January 2011.
The first of a new round of public meetings of flood victims will be held on Sunday 24 June 2012 at the Indooroopilly Bowls  Club.

The meeting will outline plans by Maurice Blackburn Lawyers, in conjunction with litigation funder IMF (Australia), to launch a class action over the disastrous 2011 floods in Brisbane and Ipswich.

Flood victims who have not signed up for the class action and those who want an update of the current progress towards a class action should attend one of the four key meetings.

Public meetings:

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 Hote

1386 Beaudesert Road, Acacia Ridge

11:00 am



Monday 25 June

The Greek Club

29 Edmondstone Street, South Brisbane

3:00pm


Child's eye view of Goodna's 2011 flood


Jordan Pulti gives his artistic view about the devastation.

AN exhibition of Goodna State School students at Queensland Museum has allowed people to see the devastation of last year's floods through a child's eyes.

Seventeen drawings created by the students weeks after the flood that swept through their community last year will be showcased for the next month at the Collectors Café in the museum. Queensland Museum's Suzanne Misso, who curated the exhibition, said the museum was "committed to co-curating with communities like Goodna".

"Their stories are the most important thing that we can display and exhibit as part of the Queensland Museum, so that the people in those communities feel like they have some ownership of the space and that they can share their stories with people coming through," she said.

"The kids from Goodna come from diverse cultures and backgrounds and they are the kind of stories that we want to have here in the museum, particularly after some of the adversity their families have gone through. The bravery that comes through in those drawings is remarkable."

Ms Misso said it was important that the stories came from the children themselves, rather than some authority. "This is the children telling us rather than the other way around," she said.

Many children will be visiting the museum during this time with school holidays on. "The kids coming through have been really interested to see the work," Ms Misso said.

John Schoonbeek, whose 10-year-old daughter Mareska has a drawing on display, said it was "fantastic what the museum did for the kids". Mareska's picture was inspired when the helicopters flew over Goodna to search for people during the floods.

While the family was not flooded out, Mr Schoonbeek said the waters "came very close" to their home.

"These pictures allow people to see what happened through a child's eyes," he said.

"We saw the devastation and it was all over the news so it was quite distressing to my kids.

"It was important the kids were able to express themselves and put it on paper and all of them did it extremely well.

"The children were all very excited and proud to have their works on display.

Mr Schoonbeek, who is also a teacher's aide at Goodna State School, said the school and community were brought together after the floods.

"In the aftermath people from all walks of life came together and the community became stronger through it," he said.

www.QT.com.au

20.6.12