Wivenhoe Dam

Wivenhoe Dam

A class action was filed on 8 July 2014 seeking compensation for financial loss or damage caused by the negligent operation of Wivenhoe and Somerset dams in the lead up to and during the January 2011 flood. The class action alleges that the negligence of the dam operators contributed significantly to the downstream flooding experienced in Brisbane, Ipswich and surrounding areas.

Current Stage of Case

On 29 November 2019, the Supreme Court of New South Wales found that the claim for negligence, brought by the representative plaintiff against each of the defendants, was proven.

View the Supreme Court Judgment here.

Settlement Update

On 3 May 2021, the NSW Supreme Court approved the partial settlement that was reached in-principle on 26 February 2021. The settlement is with two of the three defendants, State of Queensland and SunWater, and resolves their 50 per cent of the liability for the flood damage suffered by group members.

The other defendant, Seqwater, is not part of the settlement. 

Appeal Update

On 8 September 2021, the NSW Court of Appeal upheld Seqwater’s appeal and found that Seqwater is not liable in negligence for its operations of Wivenhoe and Somerset Dams during January 2011. The Lawyers are carefully reviewing this decision and considering the next steps in the matter.

The settlement reached with the State of Queensland and SunWater remains in place.

Proceedings

Court
Supreme Court of New South Wales
Plaintiff/Applicant
Rodriguez & Sons Pty Limited as representatives for the Group
Defendant/Respondent
Queensland Bulk Water Supply Authority, SunWater Limited and State of Queensland

Contact Details

Omni Bridgeway Client Liaison Team
1800 016 464
[email protected]