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Leave to appear

Leave to appear as a party to the proceedings

Many people have an interest in the issues covered by the Inquiry’s terms of reference, and they will be particularly interested in its hearings and conclusions.  

Some people will also have relevant information that could be given to the Inquiry in the hearing process as a witness.

There is a smaller group about whom there may be findings or recommendations that are adverse to their interests in an individual, direct and immediate way. Individuals or entities in that group have been permitted to apply to appear as parties at the Inquiry’s hearings so as to afford them an opportunity to test and challenge the evidence against them. Leave to appear as a party at hearings is only one way in which this opportunity may be given. The individual or entity may be given the opportunity to respond to findings or recommendations in writing directly to the Inquiry.

Having leave to appear as a party is different from making submissions to the Inquiry or being called to appear as a witness in a public hearing.

Applications for leave to appear

At its first hearing (PDF, 97.5 KB) on 10 February 2011, the Commission invited applications for leave to appear as a party at the Inquiry. Applications were to be received by 28 February.

Read the practice direction (PDF, 94.7 KB) governing applications for leave to appear.

Where leave to appear as a party was not given, the Commission endeavoured to liaise with the individual or organisation concerned to find out what they had to say about their experiences, their concerns and what steps might be taken for the future. Some applicants chose to make submissions to the Inquiry or expressed their willingness to appear as witnesses in the hearings, rather than as parties.

The following were granted leave to appear at the Inquiry:

Party Represented by Granted leave under ToR
Seqwater Allens Arthur Robinson 2(c), (d), (f)
Insurance Council DLA Phillips Fox 2(b)
Local Government Association of Queensland Ltd (on behalf of Banana Shire Council, Central Highlands Regional Council, Lockyer Valley Regional Council, North Burnett Regional Council, Somerset Regional Council, Toowoomba Regional Council, Western Downs Regional Council) King & Co 2(a), (c), (d), (g)
Local Government Association of Queensland Ltd (on behalf of Balonne Shire Council, the Goondiwindi Regional Council and the Moreton Bay Regional Council) King & Co 2(a), (c), (d), (e), (g)
Ergon Energy Clayton Utz 2(a), (c), (d)
Suncorp Group Ltd Corrs Chambers Westgarth 2(b)
Brisbane City Council Clayton Utz 2(a), (c), (d), (e), (f), (g)
Ipswich City Council Clayton Utz 2(a), (c), (d), (f), (g)
State of Queensland Crown Law 2(a), (c), (d), (e) (f), (g)
SunWater Ltd Holding Redlich 2(a), (c), (d), (e), (f)
Burnett Water Pty Ltd Holding Redlich 2(a), (c), (d), (e), (f)
The Commonwealth of Australia Commonwealth Attorney-General’s Department 2(a), (b), (c), (e), (f), (g)
Tarong Energy   2(d), (f)
RACQ Insurance Cooper Grace Ward 2(b)
Energex Ltd Minter Ellison 2(c), (d)
Fernvale Community Action Group Maurice Blackburn 2(f)
Mid-Brisbane River irrigators 2(f)
Queensland Resources Council Leanne Bowie Lawyers 2(f), (g)
Mirvac Ltd and Mirvac Funds Ltd 2(g)

The following were not granted leave to appear as parties:

  • C. Clift
  • Local Government Association of Queensland Ltd
  • Harlin Landholders Erosion Group
  • Queensland Police Union of Employees
  • B. Webb
  • Flood Affected Businesses
  • Queensland Urban Utilities
  • LinkWater (Qld Bulk Water Transport Authority)
  • Queensland Water Commission
  • D.C. McCullagh
  • United Firefighters Union of Australia Union of Employees Queensland
  • Ian Rickuss MP (on behalf of unidentified constituents)
  • Residents Association South Sunshine Coast
  • 57 persons dissatisfied with insurers’ conduct, represented by Maurice Blackburn Lawyers
  • J. Craigie