Who can Join the Legal Action?

The legal action is open to all water allocation holders (Burnett and Kolan) and other interested parties.
This legal action is not just about Paradise Dam, it is about the future and security of the entire Bundaberg region.

If I Join, am I Liable?

Members of the class action will NOT be liable for the costs or outcome of the action. If you join the class legal action and we lose, you will not be responsible for any Adverse Costs Order.

Only the Lead Applicant can be held accountable for the legal action.
Group members are not personally responsible.

Are Financial Contributions Mandatory?

No. You do not need to contribute funds to join the class action. However, many farmers and business owners in the Bundaberg region have generously provided seed funding to Marland Law’s trust account, in order for the legal team to prepare the necessary evidence to attract a Litigation Funder to fund the entire action. If you wish to contribute seed funding, your assistance will ensure we can develop and file this class action in a timely manner.

How does Class Action Funding Work?

Litigation funding is widely used and highly regulated means of funding large scale class actions both here in Australia and worldwide.
Litigation funders partly or wholly fund the costs of litigation in return for a portion of the proceeds if the action is successful.
Litigation funding is a highly complex arrangement which is why Marland Law has engaged highly experienced legal Counsel to assist in advising on and finalising litigation funding arrangements.

Do I Seek my own Legal Advice?

We suggest you obtain your own legal advice on the action. We are happy to share any information (where possible) with your solicitor. We can also send you the draft costs agreement for your solicitor to review prior to joining the class action.

Who will know I have Joined the Class Action?

Membership to the group is confidential unless parties are willing to disclose that they are a member to other group members.

Is there a Deadline for Joining?

Currently the class action is open to anyone who is eligible to join. There is a possibility the action will be closed at some point in the future.

How are Class Actions Settled?

The structure of class action payments and settlements are complex and must be agreed by the group members and confirmed by the Court. Usually, damages are assessed across various classes and claimants are grouped into those classes within the main class action.

Can Legal Action Force Government to Reinstate the Dam?

No. A court cannot instruct a Government body to reinstate the dam wall.

We have taken the view that the legal action will encourage the Queensland State Government to do the right thing and reinstate Paradise Dam to full supply level.

Paradise Dam is not just important to Bundaberg but provides valuable water and food security of all of Queensland and the nation.

What is an Adverse Costs Order?

Like in all litigation, if a party is unsuccessful in court there is a risk that they may have to pay some of the other sides costs.

We will obtain Adverse Costs Insurance to cover these costs with the premiums funded by Litigation Funding arrangements.

The mental health impacts of ongoing drought, COVID-19 and the uncertainty resulting from the lowering of Paradise Dam have been noted locally. If you are concerned about the mental health of yourself or your fellow growers, please contact Lifeline on 13 11 14, Beyond Blue on 1300 224 636 or Suicide Call Back Service on 1300 659 467. Please see the Bundaberg Fruit & Vegetable Growers Factsheet below for more details on various types of assistance available to farmers.