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« Loose in the USA | Main | Protection of the guilty »
Friday
Jan142011

Lawyers underwater

Big Brisbane law shops hoping to dry out soon ... Water laps Eagle Street ... Some firms stumping-up significant dollars for flood relief ... Timesheets can be downloaded at home ... Plenty of legal work to come ... Tom Westbrook reports

Brisbane law firms are closed and the city's central business district, which yesterday (13/01) was an island, remains a ghost town.

Though the Brisbane River peaked on Wednesday night at 4.46 metres - below expected levels and about a metre below the 1974 peak - the crisis continues.

Yesterday morning brought news of the death of a 24-year-old man, who was drowned checking on his father's inundated home in the Brisbane suburb of Durack.

Fifteen people have been confirmed dead, 61 are missing.

It will be days before the floodwaters recede from the CBD and potentially weeks before the suburbs dry out.

Several office buildings occupied by law firms on or around the riverside Eagle St are among 25,000 properties flooded.

The partners' eyries are high and dry, but the foyers and basements are underwater. That means structural engineers will have to assess the foundations before workers can return.

Electrical certificates will need to be obtained before the power can be reconnected. The lifts also will have to be repaired before office buildings can be accessed.

This will take days and more likely likely weeks.

The Queensland Supreme Court and District Courts in Brisbane, Ipswich, Toowoomba, Maryborough, Hervey Bay and Rockhampton are adjourning all non-urgent matters until after next week.

A co-operative spirit in the legal community and the courts' Christmas vacation has limited the extent of disruption to ongoing matters.

The Brisbane Magistrates Court, looters beware, remains open.

The Big Six firms have been "rolling out" various plans, procedures and protocols since Monday (10/01) to deal with the disaster.

To keep the juggernauts rolling SMSs have been sent, backup systems dusted off and emergency lines opened to get in touch with staff and get them working from home.

Not insignificant amounts of law firm cash have been pledged to the Premier's Flood Relief Appeal.

Mallesons Stephen Jaques has pledged $50,000 to the Premier's fund while Clayton Utz has chipped-in $30,000 to St Vinnies' Flood Appeal.

Both firms will match any staff donations dollar for dollar and at Mallesons this has already generated $31,000 - on top of the $50,000 it has pledged.

Corrs Chambers Westgarth has pitched-in $75,000 and will also match employee donations.

Gadens, Corrs and the Big Six are tentatively hopeful of a return to work some time next week, but nobody knows for sure.

Smaller Brisbane based firms are finding the going tougher.

Without power, remote access, internet or the prospect of alternative office space, many have been paralysed.

The Central Plaza complex, which accommodates Flower and Hart and McCullough Robertson has a flooded basement.

Michael Howard of Flower and Hart said that the firm had a disaster plan in place, but did not know when the shop will re-open.

McCullough Robertson, with no access to their IT system or their Brisbane offices, managed to - hold the blowdryers - post a downloadable timesheet on its disaster status website.

The firm also donated $100,000 to the Premier's Appeal.

Other firms including Hopgood Ganim, Brian Bartley & Associates, Clarke & Kann, Deacon & Milani, Gilshenan & Luton, Thynne & Macartney and MacGillivrays have not been able to access their offices and are to varying degrees temporarily out of action.

Hopwood Ganim says staff are working remotely and can assist clients "as normal", although there "may be some delays".

A number of law firm websites also remain offline.

Cooper Grace Ward has been lucky. Its North Quay offices are dry and, notwithstanding internet and telephone outages, partner Greg Cahill expects the firm will be back up and running today (14/01).

And not a moment too soon, because there's going to be a fair bit of lawyering to do in Brisbane in the aftermath.

Stuart Clark of Clayton Utz - which will be offering some pro-bono assistance to flood victims - expects "anything and everything" to confront the firm's lawyers after the deluge - from insurance claims and coverage disputes to contract renegotiations and dealings with government agencies.

Justin McDonnell of Mallesons said that "after their staff are safe, businesses will start to think about a number of issues".

He says resource companies will face environmental challenges emptying contaminated water from mining pits.

He expects many businesses will be claiming for property damage and business interruption on their industrial special risks insurance and poring over force majeure clauses in sales contracts and financial agreements.

For local firms though, the focus remains on cleaning up and finding their feet as the extent of damage to the CBD becomes clearer in the coming days.

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