Written by Diane-Maree Rauch
In Part One and Part Two, we’ve explored the legal frameworks for water damage claims. To be successful in these claims it is necessary to identify appropriate evidence. It is often difficult to obtain this information. Some practical steps include:
1. Freedom of Information (FOI) Requests
Authorities typically hold valuable data on infrastructure. Obtaining these records can help clarify whether established maintenance and renewal practices have been followed.
2. Maintenance Standards and Programs
Responsible Authorities are expected to implement ongoing programs for maintenance, inspections and renewals. Examining these programs and policies helps identify whether they were reasonable, and whether they were followed.
3. Design and Materials
Over time, certain materials may decay or construction methods may become outdated. As a result, it is necessary to determine whether the Authority has taken these factors into account.
4. Environmental or External Factors
Infrastructure should be resilient to foreseeable conditions, such as extreme weather events or environmental changes. Where upgrades or protective measures are lacking, questions of accountability can arise.
5. Expert Reports
Independent specialists – such as engineers – can provide an objective assessment of the infrastructure’s condition and the adequacy of maintenance.
How Can Ligeti Partners Help?
At Ligeti Partners, our Property Recovery Team has extensive experience handling these cases. We know where to make enquiries, what information to obtain and the usual defences raised by Councils and Water Authorities across jurisdictions.
Should you wish to discuss any of the above, please contact Diane-Maree Rauch on 03 9947 4529 or any member of the Ligeti Partners team on 03 9947 4500.
