In May 2021, the NSW Supreme Court approved a partial settlement with Sunwater and the State of Queensland, who are two of the three defendants. The value of the partial settlement is $440 million and covers 50 per cent of the liability for the losses suffered by group members.
The Court has appointed Maurice Blackburn as the Administrator of the Settlement Scheme. The Settlement Scheme (the Scheme) has been approved by the Court and establishes who is eligible to receive compensation and how the settlement will be distributed. The Scheme is designed to provide a fair and reasonable process for all participants.
The overall process for distributing the settlement can be broken down into three key stages: Data collection and confirmation, Loss assessment and Payments.
Settlement administration process
- 1. Data collection and confirmation
- 2. Loss assessment
- 3. Payments
1. Data collection and confirmation
Stage 1: Data collection and confirmation
Before your claim can be assessed, we'll need to gather some preliminary details about your claim and confirm your dedicated contact person.
We will also require detailed information about the loss location and your property type.
Once this information has been collected, we will calculate your 'adjusted loss' to determine how much of the damage caused to your property is compensable under the Settlement Scheme.
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2. Loss assessment
Stage 2: Loss Assessment
Once all required information is received, your claim will be assigned to an independent loss assessor and you will complete an online questionnaire about your losses.
Claimants with an eligible residential claim will be able to use the Fast Track Assessment process. This is a quicker and easier option than the normal assessment process, and Fast Track claims will receive payments first.
Once your claim has been assessed, you will first be issued with a Provisional Notice of Assessment (PNOA) and then a Final Notice of Assessment (FNOA).
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Stage 3: Payments
Eligible claimants will receive an interim payment and a final payment, with payments being made to Fast Track claimants first.
Final payments can only be paid after all eligible claims are assessed, which will take some time. We aim to make payments as soon as is practicable, but we must follow the rules under the Settlement Scheme to ensure the process is fair.
Please note: if you suffered losses during the Queensland Floods in 2011, you will not recover all of your losses through this settlement. The total amount available to Claimants is less than the total losses suffered. Individual claims will be adjusted to reflect the extent of damage caused by the operation of the Wivenhoe dam.
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If you are an Unregistered Insurer, please download and complete this spreadsheet and send it, together with supporting documents, to us at firstname.lastname@example.org.
In the instance you do not have receipts or other documentation for 'high value items', please download and complete this statutory declaration to list and describe all items that you wish to prove ownership and loss for.
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Our Canberra office is now closed, but our team continues to serve ACT clients and are available for phone and video appointments. If you need legal advice, please call us on 1800 675 346.
We have lawyers who specialise in a range of legal claims who travel to Tasmania. If you need a lawyer in Hobart, Launceston or elsewhere in Tasmania, please call us on 1800 675 346.