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Wivenhoe Dam class action trial set for 2016

A class action trial concerning operation of the Wivenhoe and Somerset dams during the 2011 Queensland floods is scheduled for July 2016 once an amended claim is filed and documents are provided, the NSW Supreme Court has announced.

Maurice Blackburn Lawyers is required to change the claim after water companies Seqwater and SunWater argued the version filed in July should be struck out due to legal deficiencies.

“The solicitors and funders for the class action have had more than three and a half years to prepare the claim,” Seqwater CEO Peter Dennis said.

“Seqwater has, for some time, been identifying the lack of detail provided in the case, as well as requesting the expert report material commissioned by Maurice Blackburn.”

The court timetable sets dates for the exchange of expert reports on dam operations and hydrology, delivery of an amended statement of claim, provision of documents and mediation.

“We’re pleased we have a road map for our clients to the final resolution of this case,” Maurice Blackburn Principal Damian Scattini said.

“Preparing for trial in a case of this size and significance takes enormous resources, so while for some July 2016 may seem like a long way off, we will be using every day between now and the trial to bring the strongest case possible before the court.”

The claim against Seqwater, SunWater and the Queensland Government was filed by Maurice Blackburn earlier this year. It alleges Brisbane and Ipswich would not have flooded if the dams had been operated properly.

The class action, funded by Bentham IMF, seeks hundreds of millions of dollars for about 4500 victims of the January 2011 disaster.