There has been much talk in the media that the release of the report by the Queensland Floods Commission of Inquiry would lead to legal action against the State of Queensland. Three flood engineers have been refereed to the Crime and Misconduct Commission but not for their conduct during the flood, but for their conduct before the Commission. Even if it is proved that they did not operate their dam in accordance with the operating manual, it does not follow that this will establish legal liability on the part of the state.
Fran Kelly, on ABC Radio National’s Breakfast program (today 19 March 2012) interviewed John Walker, a litigation funder who is looking at funding a potential class action. The interveiw was very balanced and gave a clear description of the issues facing the potential plaintiffs and the limited relevance of the fact that the engineers may not have followed the manual to the letter. For a good description of the issues, download the interveiw from their website.
19 March 2012