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Dam claim verdict a complex judgment: Queensland A-G Yvette D’Ath

Yvette D’Ath is still waiting for legal advice on whether the government should appeal the Brisbane floods class action verdict.

Queensland Attorney General Yvette D'Ath speaks during Question Time at Parliament House in Brisbane. Picture: AAP
Queensland Attorney General Yvette D'Ath speaks during Question Time at Parliament House in Brisbane. Picture: AAP

Queensland Attorney-General Yvette D’Ath is still waiting for a “full brief” from lawyers about whether the government should appeal last week’s 2011 Brisbane floods class action verdict.

Premier Annastacia Palaszczuk on Wednesday gave her strongest indication yet that the government would not appeal the landmark verdict, saying she did not “want it to go on any longer unnecessarily”.

“You’ll get an answer by the end of the week,” Ms Palaszczuk said in an interview with The Australian.

But Ms D’Ath has revealed she has not received the full legal advice yet, meaning a decision by the end of the week appears impossible.

“This is a complex judgment running to some 1,500 pages and it’s taking some time to get across all the elements of the judge’s findings,” Ms D’Ath said.

“I’m still awaiting a full brief from our legal representatives and hope to receive this in coming days.”

“Like the Premier, I don’t want this matter to drag on, and it’s important for all parties concerned that we make a properly informed decision.”

The NSW Supreme Court on Friday ruled in favour of nearly 7000 flood victims, finding Wivenhoe Dam was managed negligently during the 2011 flooding disaster in southeast Queensland.

The case is due to return to court in February for directions, when the quantum of compensation is likely to be discussed.

Lawyers Maurice Blackburn, who lodged the class action, have estimated the compensation could be in the order of hundreds of millions of dollars.

The Queensland government – which employed one of the dam engineers who worked during the floods – does not have legal liability insurance to cover potential damages. Government-owned corporations Seqwater and SunWater, which employed the remaining three dam engineers, are covered by insurance.

Sarah Elks
Sarah ElksSenior Reporter

Sarah Elks is a senior reporter for The Australian in its Brisbane bureau, focusing on investigations into politics, business and industry. Sarah has worked for the paper for 15 years, primarily in Brisbane, but also in Sydney, and in Cairns as north Queensland correspondent. She has covered election campaigns, high-profile murder trials, and natural disasters, and was named Queensland Journalist of the Year in 2016 for a series of exclusive stories exposing the failure of Clive Palmer’s Queensland Nickel business. Sarah has been nominated for four Walkley awards. Got a tip? elkss@theaustralian.com.au; GPO Box 2145 Brisbane QLD 4001

Original URL: https://www.theaustralian.com.au/nation/politics/dam-claim-verdict-a-complex-judgment-queensland-ag-yvette-dath/news-story/43fa197d3e934d584adb2a358c9d5b8a