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Compo set to flow to 2011 flood victims as state government fails to appeal court decision

Thousands of victims of the 2011 Brisbane floods are set to receive compensation after the state government decided it would not appeal a historic class action court victory.

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THOUSANDS of victims of the 2011 Brisbane floods are set to receive compensation after the State Government decided it would not appeal a historic class action court victory.  

The decision is likely to leave taxpayers liable for a massive compensation bill because the state’s insurance scheme does not cover court-ordered damages.

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It was announced just hours after the release of the state’s Mid-Year Fiscal and Economic Review, which downgraded this year’s budget surplus to a slim $151 million.

Total payouts could top $1 billion, but costs will be ­divided between the state and its entities Sunwater and ­Seqwater by the court in ­February.

Sunwater and Seqwater are likely to be covered by insurance.

Attorney-General Yvette D’Ath confirmed the state would not appeal the court ruling but did not provide reasons.

“The Queensland Government will not appeal the NSW Supreme Court decision concerning the southeast Queensland flood class action,” Ms D’Ath said in a statement.

“This decision is separate to any action that may be taken by other parties to the NSW Supreme Court decision.

“The Government will not be making any further comment.” 

Sunwater and Seqwater have not said if they will appeal.

The Government says it does not know how much the ruling will hurt its bottom line.

John and Gail Craigie relax on the banks of the Brisbane river, 25 metres below their house which flooded in 2011, at Pine Mountain, west of Brisbane. John organised the successful class action against the state. Picture: Lyndon Mechielsen/The Australian
John and Gail Craigie relax on the banks of the Brisbane river, 25 metres below their house which flooded in 2011, at Pine Mountain, west of Brisbane. John organised the successful class action against the state. Picture: Lyndon Mechielsen/The Australian

The mid-year Budget document says the state is not in a position to reliably estimate the financial implications of the judgment for the state and its entities.

Almost 7000 southeast Queensland flood victims are in line to share in compensation payments after the NSW Supreme Court ruled in their favour last month.

The court found the state and its entities exacerbated the damage from flooding, which destroyed thousands of houses and businesses because of negligent management of the Wivenhoe and Somerset dams.

The failure of dam operators to predict rainfall forecasts in the lead-up to the flood worsened flooding downstream in Ipswich and Brisbane, the court found.

Opposition Leader Deb Frecklington said Premier Annastacia Palaszczuk should apologise for the failures under the former Bligh Labor government.

“It has taken eight years for flood victims to get the compensation they deserve,” Ms Frecklington said on Twitter.

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Original URL: https://www.couriermail.com.au/news/queensland/crime-and-justice/compo-set-to-flow-to-2011-flood-victims-as-state-government-declines-to-appeal-court-decision/news-story/a41920b337498b8a4e5f12f72754ce08