LAWYERS are urging flood-hit landholders to join a mega dollar class action against Lake Hume’s operators.
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A claim is being prepared alleging dam administrators, including the Murray-Darling Basin Authority, were negligent for failing to release water when it was safe to do so in August-September.
Law firm Harwood Andrews, which has an Albury office, is combining with sister practice Adley Burstyner on the case.
The firms allege large releases in October could have been avoided and also plan to seek damages for what they say was “manmade and avoidable flooding”.
Adley Burstyner principal David Burstyner said the matter would centre on the MDBA’s use of a so-called playbook to keep the dam 99 per cent full.
“This case is about ‘did they do what that playbook says’ and if they did the playbook is wrong,” Mr Burstyner said.
“It’s bizarre there isn’t widespread knowledge about what the playbook is.
“To stakeholders it’s not clear to them what the playbook is and the authority hasn’t communicated that well and that raises questions.”
Mr Burstyner said 40 to 50 people had already shown interest in joining the action, they include farmers and owners of caravan parks and motels.
A decision on whether it proceeds will depend on those who sign up over the next two to four weeks.
Mr Burstyner said up to tens of millions of dollars could be sought with a writ three to six months away from being lodged.
Melbourne-based Mr Burstyner is working with Harwood Andrews Albury principal Allison Bruce.
He said a class action against the operators of the Wivenhoe dam in relation to Brisbane’s 2011 floods could provide a precedent.
“If it goes against them it will help or be neutral, it certainly won’t be bad,” Mr Burstyner said.
“We’re hoping it establishes some guidance on the duty of care issues.”
Murray Valley Action Group’s Richard Sargood, who represents downstream property owners, was unsure about class action.
“We will look at it and assess it on its merits,” he said.
“I don’t know what the appetite for a class action is, there has been a lot of talk but whether there is the appetite to take it further is a matter for conjecture.”
