Maurice Blackburn

Maurice Blackburn intends to file a class action against the operators of the Wivenhoe and Somerset Dams in relation to the January 2011 flood in South East Queensland. The class action will seek damages for individuals and businesses that suffered economic loss or damage due to the negligent operation of the dams in the lead up to and during the flood.

The action is to be funded by litigation funder, IMF (Australia) Ltd.

What is the class action about?

The class action will allege that the negligent operation of the Wivenhoe and Somerset dams by the Queensland Bulk Water Supply Authority (trading as Seqwater) in the lead up to and during the 2011 flood significantly contributed to the extent and the level of flooding downstream of the dams and created a flood that was much worse than it would have been if the dams had been operated competently.

The Queensland Floods Commission of Inquiry

The Queensland Floods Commission of Inquiry was established on 17 January 2011 to examine the events surrounding the 2010/2011 flood events in South East Queensland.

Maurice Blackburn played an important role in the Inquiry by representing residents of the community of Fernvale, which is located just below the Wivenhoe Dam.

On 16 March 2012, the Commission delivered its final report.  It found that Wivenhoe Dam had been operated in breach of the manual that governs its operation.

Crucially, it was found that the dam operators had failed to use rainfall forecasts in making decisions about dam operating strategies. The Inquiry was also critical of the process by which strategies were selected.

Who is the class action against?

The class action is being brought in negligence, against Seqwater and the State of Queensland. As the owner and operator of Wivenhoe and Somerset Dams, they had a duty to operate the dams competently in order to minimise the impact of dam releases downstream.

How were the dam operators negligent?

The action will allege that the dam operators were negligent in, among other things:

• failing to use rainfall forecasts in making decisions about operating strategies; and
• failing to preserve a reasonable amount of the dams' storage capacity in order to provide optimum protection of urbanised areas from inundation.

This negligent conduct, in addition to other conduct, contributed significantly to the downstream flooding experienced in Brisbane and Ipswich.

How will the class action work?

Class actions are generally brought by multiple persons against the same defendant, where each person's claim arises out of the same or related circumstances.

How much will it cost to be part of the class action?

You will need to retain us as your lawyers and enter into a litigation funding agreement with IMF in order to be represented in the class action.

The class action will be run on a no win - no fee basis. If you retain us to act on your behalf, you will not have to pay any fees unless we recover damages for you. You cannot be ordered to pay the other side's costs if the action is unsuccessful.

All costs and risk will be fully underwritten by IMF.

If the action is successful, the costs of the proceedings, which will include expert evidence fees, legal costs and interest, will be shared across the class.

If the case is won, IMF will be paid from the net settlement or judgment proceeds (that is after payment of costs). IMF will receive a percentage of the net settlement or judgment proceeds. The details of this will be set out in full in the IMF funding agreement that you will receive and have the opportunity to consider before committing to anything.

About IMF

IMF is the largest and most successful litigation funder in Australia, having collected over $1.2 billion for clients. It is the first litigation funder to be listed on the Australian Securities Exchange (ASX) and has successfully sued the Commonwealth and the States in previous class actions. Together IMF and Maurice Blackburn have been involved in the largest class action settlements in Australia.

What sort of damages can be awarded?

The class action will be seeking damages for our clients for economic loss. The amount of damages will vary from person to person depending upon their individual circumstances.

The types of damages that can be claimed are as follows:

•  Damage caused to business, home, furniture or possessions;

•  Financial loss caused as a result of business interruption during and after the flood;

•  Decrease in property value as a result of the flood;

•  Costs associated with temporary relocation during flood repairs;

•  Costs associated with rebuilding, cleaning or repairing flood damage;

•  Costs associated with replacing lost or irreparably damaged possessions.

Claims related to a personal injury (such as claims for damages for pain and suffering and physical and mental harm) are outside the scope of the class action.

Who can join the class action?

The class action will be open to persons and businesses that suffered economic loss or damage downstream of the Wivenhoe and Somerset Dams as a result of the flooding caused by the negligent operation of the dams.

The areas affected include*:

* It is important to be aware that there are some areas in the above suburbs that would have experienced a considerable amount of flooding even if the dams had been operated competently. To find out if you can join the class action, you will need to register your interest with IMF. We will then be able to assess your eligibility to claim.

Click here to view the flood map.

Areas shown in green on the map are suburbs that experienced a degree of water inundation that should not have occurred if Wivenhoe and Somerset Dam had been operated to the standard of a reasonably competent dam operator.

Areas in orange represent those areas where the water inundation would have been six inches or more even if the dams had been operated to the standard of a reasonably competent dam operator. However in almost all of the areas represented in the orange zone, the depth of inundation would have been less than it was during the 2011 flood.

If you live in one of these areas and were affected by the flood, contact IMF for more information about how to join the class action. If you have already joined the class action or registered your interest, you will receive further information shortly.

Fly-through map

Click on this image for a video displaying the flood modelling results for Brisbane CBD.

Areas in orange represent those areas where the water inundation would have been six inches or more even if the dams had been operated to the standard of a reasonably competent dam operator. However in almost all of the areas represented in the orange zone, the depth of inundation would have been less than it was during the 2011 flood.

If you live in one of these areas and were affected by the flood, contact IMF for more information about how to join the class action. If you have already joined the class action or registered your interest, you will receive further information shortly.

How do I register for the class action?

If you are a person or business affected by the January 2011 flood, and would like to register with us, visit www.imf.com.au/wivenhoe or call 1800 809 600.

Registration is free and without obligation. You are not retaining Maurice Blackburn as your lawyer by registering.

We will contact you upon receiving your completed registration form to invite you to retain us as your lawyers with respect to your individual claim.

How do I find out more about the class action?

State has to answer for Queensland Floods, media statement, 21 January 2013

To find out more about the class action, visit www.imf.com.au/wivenhoe or call 1800 809 600.