By Wendy Yang -
Heavy rainfall in northern New South Wales has caused significant flood damage as rain continues to fall. The Hunter and mid-north coast region of NSW have been affected by intense rainfall, which has caused widespread damage. The death toll from the disaster has risen to four as of Friday morning.
According to the NSW Government and the State Emergency Service, 5,726 incidents and 678 flood rescues have been reported.
Ma’ata Solofoni, senior solicitor at Legal Aid’s Disaster Response Legal Service NSW (DRLS) says the main area of law that the service assists with relates to insurance. “It is often around claims handling … people not being able to get through to insurers or waiting hours on the phone to get through to insurers, insurers not responding appropriately or they’re sending out experts to properties and not really communicating well with the clients … lots of our clients just don’t hear from their insurer,” she says.
The Disaster Response Legal Service NSW is a dedicated service within Legal Aid NSW. The service provides free legal help to those affected by a disaster such as storms, floods, or bushfires. The service assists with issues ranging from insurance claims and disputes to housing and tenancy matters and government disaster grants.
“We’re a statewide service. … Our main purpose is to try to mitigate the impacts of disasters on the communities and individuals living in those areas that have been affected,” says Solofoni.
A common issue for the service is that a lot of people lack flood cover because it’s very expensive. Solofoni points out that most insurance policies provide cover for storm damage and it is often a standard inclusion. “[P]eople who’ve been experiencing a lot of rain leading up to a flood, they could still be covered for some of their damage if it was caused by the stormwater, … runoff or pooling around the property.
“But not a lot of people realise that. [I]t can be a bit complicated … the nuances between the different types of water damage in an event…,” she says.
Natural disasters and extreme weather events have become a more common occurrence in recent years. Solofoni notes that this is the third disaster that the service has responded to so far this year. “[W]e see a surge in the demand for our services. …
“[W]e’re also seeing that there is a long tail in recovery … we’re continuing to provide services long after a disaster has happened,” she says.
Solofoni explains that the service is still helping people from the 2022 floods event and it’s taking longer for people to recover from these disasters. “[F]or a lot of our clients, they’re always going to be most focused on their immediate needs, their shelter, food and all that kind of stuff.
“[F]or some clients, it’s a year or two before they’re in the right mind space to actually seek legal assistance. [I]t’s crucial to have the legal services immediately after a disaster but also for the ongoing assistance that will be needed…,” she says.
Solofoni urges lawyers to be mindful of what they can do to assist in times of disaster. “[A] lot of it is just being that in-between person, which is what we’re good at as lawyers, being that representative in taking on those matters that are quite emotionally loaded for lots of people … and just deal with the legal issue… lawyers can really make a difference.
“We think that it’s important for all lawyers to be mindful of what they could do to assist in a disaster. … We’re dealing with civil law matters that are common, everyday problems, but just in a disaster context.
“I know that lots of lawyers out there have the necessary skills to assist in this and if they do, they can reach out to the Law Society,” she says.
For those affected by the disaster, “[w]e also want to make sure that people do know that there are legal assistance services available and we’re ready to assist.”
For legal practitioners living or working in the areas affected by the floods, the NSW Department of Communities and Justice has published a list of court closures. For up-to-date information about whether your matter may be affected, please call the NSW Court Service Centre on 1300 679 272.
