SUNWATER AND QUEENSLAND GOVERNMENT SETTLE THE CLAIM
ABC News reports: Brisbane 2011 flood victims win $440 million in class action partial settlement over operation of Wivenhoe Dam - 26 February 2021.
Victims of the 2011 Brisbane floods will be paid $440 million in compensation from a class action against the Queensland government and SunWater, in a partial settlement over the operation of the Wivenhoe Dam, north-west of Brisbane.
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| Wivenhoe Dam |
The historic settlement covers 50 per cent of the $880 million liability for damages.
State-owned dam operator Seqwater owes the remainder but is appealing against the payout, with a hearing set down for May.
"This has been a hard-fought and extremely expensive case on behalf of approximately 6,700 claimants ... over many years," a spokesperson for litigation funder Omni Bridgeway said in a statement announcing the settlement this morning.
Maurice Blackburn filed the class action in the Supreme Court of New South Wales in 2014.
The action alleged dam operators were negligent in failing to use rainfall forecasts in making decisions about operating strategies, and failed to preserve a reasonable amount of the dams' storage capacity in order to protect urban areas from inundation.
"This settlement is a very welcome development that we hope will bring some much-needed closure to our clients, who have had to endure significant uncertainty and frustration while the defendants fought this case at every turn," she said.
"Of course, complete closure can only happen for our clients when Seqwater also settles or Seqwater's appeal is finalised.
"The class will continue to vigorously fight Seqwater's appeal, buoyed by today's substantial settlement reached with the other two defendants."
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| Flood victims at Goodna with Cr Paul Tully |
The settlement with the government and Sunwater is subject to approval by the NSW Supreme Court and agreement on terms, with an approval hearing likely to take place before the appeal starts in May.
Flood victim Paul Tully is outraged that Seqwater is appealing against a payout.
"The state government must direct Seqwater to withdraw their ill-considered appeal," he said.
"It's more than 10 years since the flood and this a despicable state of affairs."
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ABOUT THE VICTORIAN BUSHFIRE CLASS ACTIONS
On 15 July 2014, after a 16-month trial against SP AusNet and four other defendants, the plaintiffs and the defendants reached an agreement to settle the class action for a record settlement of more than $494 million dollars.
On 23 December 2014 the Supreme Court of Victoria approved the settlement of the Kilmore East - Kinglake Black Saturday Bushfire Class Action and the proposed settlement distribution scheme.
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On 23 December 2014 the Supreme Court of Victoria approved the settlement of the Kilmore East - Kinglake Black Saturday Bushfire Class Action and the proposed settlement distribution scheme.
It is the largest class action settlement in Australian history.
All payments to members of the Black Saturday Bushfire class actions have been finalised.
Maurice Blackburn was instructed in a class action on behalf of those who suffered personal injury, loss
or damage as a result of the Murrindindi Black Saturday bushfire of 7 February 2009.
The action alleged that the fire started at the rear of the Murrindindi Saw Mill, Wilhelmina Falls Road, Murrindindi, and that the cause of the fire was a break in a power line resulting from deficiencies in the construction and configuration of a power pole.
All payments to members of the Black Saturday Bushfire class actions have been finalised.
MURRINDINDI-MARYSVILLE BUSHFIRE CLASS ACTION
Maurice Blackburn was instructed in a class action on behalf of those who suffered personal injury, loss
The action alleged that the fire started at the rear of the Murrindindi Saw Mill, Wilhelmina Falls Road, Murrindindi, and that the cause of the fire was a break in a power line resulting from deficiencies in the construction and configuration of a power pole.
The fire spread rapidly, killing 40 people, destroying over 500 homes, and causing millions of dollars of damage.
The plaintiff alleged that the power utility company was negligent in, among other things, the construction and configuration of the power pole.
On 6 February 2015, the parties announced an in-principle agreement to settle the class action for the sum of $300 million dollars without admission of liability.
On 6 February 2015, the parties announced an in-principle agreement to settle the class action for the sum of $300 million dollars without admission of liability.
This settlement was reached before the trial, originally due to start on 4 February 2015, commenced.
The settlement was approved on 27 May 2015 by Justice Emerton of the Supreme Court.
All payments to members of the Black Saturday Bushfire class actions have been finalised.
The settlement was approved on 27 May 2015 by Justice Emerton of the Supreme Court.
All payments to members of the Black Saturday Bushfire class actions have been finalised.
