Bayside Solicitors can provide legal representation to both individuals and businesses in relation to claims for damage and injury caused as a consequence of water flowing from one property to another. Our lawyers understand the provisions of the Water Act and can use those provisions to seek appropriate remedies in Courts for people who have suffered loss and damage as a consequence of unreasonable flow of water. We can advise you as to both your common law rights and also your statutory rights under the provisions of the Water Act.
The Water Act provides that any person or business that constructs, maintains or operates any authorised works which cause injury or damage to property or economic loss, is liable to pay damages in respect of that injury and damage. The Act also provides that if there is a flow of water from one parcel of land to another and if the flow is not a reasonable flow and causes damage or economic loss, then the person responsible for that flow is liable to damages under the Act. Likewise, the law in Victoria is that if a person negligently interferes with the flow of water which results in damage, then compensation can be sought.
The person responsible for the payment of damages is the owner of the property even if the works were completed before that occupation commenced.
The Court that hears Water Act matters is the Victorian Civil & Administrative Tribunal. We have experience in litigating damages claims in this jurisdiction and can help you with the documentation, negotiations and appearance in Court when required. We can also assist in the application for injunctions to prevent further damage to property from occurring.
As a consequence of the litigation that we have engaged in the past, we have a number of experts that we can call upon to examine the cause of water damage and assess the costs of rectification of that damage.
Our legal costs are affordable and we will always commit our energy to ensure that the remedy that you are seeking is the best solution for your problem and correct at law.
If you have any problems with damage caused by water on your property, then do not hesitate to contact our office whereby we will help you use the Court process to solve those problems.