Redland City Council acknowledges the Queensland Supreme Court’s decision on 4 June 2025 where Final Orders were made in relation to the Class Action against Council regarding the historic canal and lake maintenance charges.
Following the High Court decision in March 2024, Council refunded the special charges that were collected from the class action members and spent on the works at the three estates (Raby Bay, Aquatic Paradise and Sovereign Waters) during the six years of the claim period from 2011/2012 to 2016/2017. This amounted to $3,791,536.80 and was paid to the plaintiff’s lawyers on 29 May 2024.
As then anticipated, the parties returned to the Supreme Court on 30 April 2025 for Final Orders to be made by Justice Treston where judgment was reserved on the day.
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The following Final Orders were subsequently made on 04 June 2025:
1. The interest portion of the refunded special charges amounted to $1,950,000.00.
2. The Plaintiff’s legal costs:
• incurred up to 14 March 2024 – $1,410,419.92.
• incurred from 14 March 2024 to 30 April 2025 – $300,000.00
3. Council will be held responsible for paying the costs of administering the Distribution Scheme which is not to exceed $200,000.00.
The following deductions will also be taken from the Common Fund:
4. The remainder of the Plaintiff’s legal costs:
• incurred up to 14 March 2024 – $1,071,123.26.
• incurred from 14 March 2024 to 30 April 2025 – $124,151.76
5. The amount in which will be distributed to the Funders of the Class Action, totalling $2,627,448.20; and
6. $20,000.00 forming the payment to be distributed amongst the Group Members.
Council anticipates all payments will be made by late 2025 which will see the Class Action finalised.
For more information as to the background of the Class Action, including Reports, Q&As, Community Updates and Factsheets, please see the below links:
- https://www.redland.qld.gov.au/info/20169/rates_fees_and_infringements/823/canal_and_lake_special_charges
- https://yoursay.redland.qld.gov.au/canal-and-lake-waterways/widgets/182671/documents
- Redland City canal and lake charges change – Redlands Coast Today
- Refund of special canal and lake charges set to begin – Redlands Coast Today
- Redland City Council reviews Court decision on class action against Council – Redlands Coast Today
- Council to investigate appealing Court decision – Redlands Coast Today
- Council acknowledges High Court class action decision – Redlands Coast Today
Over the eight years of the court action, Council expended around $2 million to resist the claim by the class action members which sought to recover the special charges they paid and which were expended by Council to do the very works for which the charges were levied and which Council argued amounted to unjust enrichment of the class action members which did not include all the property owners who paid the special charges.
Council is now pursuing its insurer to indemnify Council for all the cost incurred by Council.
All enquiries in regard to finalisation and distribution of funds to class action members should be directed to Shine Lawyers, Level 6, 299 Elizabeth Street, Sydney NSW 2000 (Ph 02 8754 7229).
