Queensland government won’t appeal Brisbane floods claim verdict

The Queensland government will not appeal the Brisbane floods class action verdict, worth hundreds of millions.

Queensland Attorney-General Yvette D'Ath. Picture: Liam Kidston

Thousands of victims of the 2011 floods that swamped Brisbane and its surrounds are a step closer to receiving compensation with the Queensland government deciding not to appeal against last month’s successful class action verdict.

Queensland Attorney-General Yvette D’Ath issued a statement Thursday night confirming it would not appeal the decision of the NSW Supreme Court in favour of almost 7000 flood victims whose homes and businesses were swamped in January 2011 after Wivenhoe Dam was operated negligently.

State-owned dam operators Seqwater and SunWater, both of which were co-defendants with the state government in the case, are still considering the verdict with their lawyers and insurers.

The Queensland government is not insured.

Compensation could be in the hundreds of millions of dollars, and the three parties had 28 days — or until December 27 — to give notice on whether an appeal would be lodged.

No cost decision has been made, with the case to return to court in February for a costs hearing.

In a statement, Ms D’Ath gave no indication about whether the two water agencies would appeal.

“The Queensland government will not appeal the NSW Supreme Court decision concerning the southeast Queensland flood class action,’’ she said.

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

Last week, Premier Annastacia Palaszczuk said she didn’t want the plight of victims to “drag on’’.

The class action suit was filed after findings by the royal ­commission-style inquiry run by Queensland’s now Chief Justice, Catherine Holmes.

Justice Holmes ruled in her final report that found found the operation of Wivenhoe Dam was negligent in the lead-up to the deluge, with dam operators failing to take into account rainfall forecasts in the days leading up the flood.

This failure contributed to the downstream flooding of parts of Ipswich and Brisbane.

The findings followed revelations in The Australian about the existence of documents that gave a different account of the dam’s operation than what was ­initially presented at the inquiry.

John Craigie, who was flooded in 2011 and found the documents that exposed the differing accounts of the dam operators, said he hoped the two water agencies would follow the lead of the government.

“By the Premier’s action in wanting to now bring closure for the flood victims demonstrates conviction to do the right thing,’’ Mr Craigie said.

“Flood victims have waited nearly nine years for closure and for many it has been a struggle.

I, like many, are reminded daily of the flood impact with latent damage to our home continuing post the flood.” he said

Lawyer Rebecca Gilsenan, of Maurice Blackburn Lawyers which filed the class action, welcomed the announcement.

“However for our clients to get the compensation they deserve promptly, a whole-of-government approach is needed,’’ Ms Gilsenan said.

“It will make little difference to the situation of the people of southeast Queensland if the state doesn’t appeal, but state-owned entities Seqwater and Sunwater do appeal.’’