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To save time and money, each loss location will undergo one loss assessment which will reflect all the losses sustained at the loss location.

To enable us to distribute the correct proportions of money to Claimants, we will ask each Contact to provide us with the proportion of losses sustained by each Claimant at the loss location. 

For example:

  • If a married couple owns a house in equal shares (i.e. they own half of the property each) and they are both Claimants in respect of that property, the loss proportion is likely to be 50% each.
  • If two business partners own an investment property in unequal shares, with business partner A owning 25% and business partner B owning 75%, and they are both Claimants in respect of that property, the loss proportion is likely to be 25% for business partner A and 75% for business partner B.
  • If two roommates leased an apartment and tenant A owned 60% of the contents and tenant B owned 40% of the contents and they are both Claimants in respect of that contents, the loss proportion is likely to be 60% for tenant A and 40% for tenant B.


Claimants will be able to recover the following categories of losses:

Residential losses

This may include:

  • Damage caused to houses, apartments, sheds, fences, contents, gardens, pools, and vehicles;
  • Costs associated with temporary relocation during flood repairs;
  • Costs associated with rebuilding, cleaning or repairing flood damage; and
  • Costs associated with replacing lost or irreparably damaged possessions.

Commercial losses

This may include:

  • Damage caused to commercial buildings, stock and equipment;
  • Financial loss caused as a result of business interruption during and after the flood; and
  • Costs associated with rebuilding, cleaning or repairing flood damage.

 

Other losses

This includes:

  • Agricultural losses;
  • Losses relating to pontoons and jetties only;
  • Losses relating to subterranean flooding, such as flooding of underground car parks;
  • Losses relating to inundation through drainage channels; and
  • Losses relating to infrastructure over a river, such as damage to bridges.


Claimants will not be able to recover losses relating to:

  • Personal injury;
  • Psychological harm;
  • Pure economic loss; and/or
  • Claims only for nuisance in circumstances where there was no physical damage to property.


Claimants who wish to make a claim for damages for personal injury, psychological harm, pure economic loss or nuisance in circumstances where there was no physical damage to property, should seek urgent legal advice from another lawyer as strict time limits apply.


High value items or collections

High value items are possessions/belongings that do not form part of general house contents. High value items include rare, vintage, collectors, and antique items. High value items also include jewellery, artworks, coin/medal/stamp collections, and sporting memorabilia.

Assessing the value of high value items or collections

The loss assessor will use receipts of purchase, repair, or other documentation that proves the value of high value items or collections.

Where receipts or similar documentation is not available, group members will be required to obtain an independent valuation of the items.

The valuation must be from an independent valuer who is accredited to provide valuations of the particular item(s). The valuation must be on the valuer’s official letterhead.

The value of the items should be as at 2011. Please note, the loss assessment will not account for any increases in the value of items since 2011.

Where a valuation is for a particularly large amount, the loss assessor may require a statutory declaration from the valuer.

Proof of ownership and loss

The loss assessor will require proof of ownership and loss of high value items or collections.

If you do not have receipts or other documentation, you will be required to provide a statutory declaration. Please click here to access a statutory declaration which you can use to list and describe all items that you wish to prove ownership and loss for.

A statutory declaration is a written statement that you (the declarant) sign and declare to be true and correct in the presence of an authorised witness.  By signing it, you agree that the information in it is true. You can be charged with a criminal offence if the information is false and be imprisoned for up to 3 years.

If you are not in Queensland, please contact the Settlement Administration team for a statutory declaration for a different state: queenslandflood@mauriceblackburn.com.au or 1800 713 864.

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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.