The St Patrick's Day fires' damage bill could reach $40 million, says a lawyer handling a class action

The lawsuit was lodged in the Supreme Court of Victoria on Wednesday. 

Maddens Lawyers’ Brendan Pendergast said Andrew Francis, whose property was significantly damaged by the fires, had agreed to be named on the writ as the lead plaintiff.

“A proceeding has been issued in the Supreme Court by way of a class action,”Mr Pendergast said.

“The class will be by definition anyone who owned property that was impacted or damaged by the fire. By description everyone who answers that definition is in the class. Down the track a bit further the court will give people who don’t wish to participate in the proceedings (an opportunity) to opt out. Typically with bushfire class actions very few people opt out because they are not at any risk in relation to cost.”

A Victoria police arson squad investigation found the four major fires at Gazette, Terang, Garvoc and Camperdown started as a result of electrical assets. The latest figures show 26 homes, 66 sheds, 3766 livestock and 2050 kms of fencing were lost.

He said the class action would not have to wait for regulatory body Energy Safe Victoria’s investigation report, which is currently being compiled. 

“It may very well assist us, but it is not going to hold up the litigation,” he said.

“We see the case as being extremely strong. Here we have an asset being the pole as we understand has been in the ground for 50 years and for the past 20 years has had metal supports attached to it, which is something of a Band-aid means of addressing what was clearly a structurally compromised pole.

PHOTOS: Fires sweep through the south-west 

“Ultimately with time that pole was going to fail. It’s perfectly serviceable on 95 per cent of the weather conditions, but we can reasonably expect in this harsh climate in Australia to have hot, high wind days and our electrical distribution systems must be capable of remaining safe and serviceable on those days.”

Mr Pendergast said more than 40 people attended a meeting about the class action on Wednesday, along with experienced bushfire litigator Tim Tobin QC.

“We are aware of many other people who will be participating but weren’t able to be their for various reasons,” he said. 

It’s understood the damages bill would be part of a larger compensation figure. 

Mr Pendergast said the proceedings would shortly be served on Powercor.

“The matter will be bought before the court and it will make directions to carry it forward,” he said.

He said the people affected by the fires should be entitled to full compensation for their losses. 

Mr Pendergast urged anyone affected by the fires to contact Maddens Lawyers and register that their property was impacted. 

He has successfully led four class actions on behalf of the victims of Black Saturday in the south-west. 

Under the settlement, Powercor was required to pay victims 100 per cent of the losses they incurred as a result of the fire.

Warrnambool Standard