Maddens Lawyers

2014 Mickleham-Kilmore Bushfire



Mickleham-Kilmore Bushfire Frequently Asked Questions

Is there a due date for returning my Data Workbook to Maddens Lawyers?

There is currently no due date to return Data Workbooks. We encourage Group Members to complete the Data Workbook in order to record their bushfire loss and damage in as much detail as possible. We note that whilst people may have gradually replaced lost items, it is only now that reconstruction is starting and, accordingly, replacement and rebuilding will continue for some time. As you reflect on the items that have been destroyed in the fire during the next couple of months, we encourage you to detail that information in the Data Workbook provided. You must include photographs with a schedule that identifies what is shown in each photo. Please also include a map or aerial photo that shows where the damage occurred and the location of damaged items. In the event there is a due date for return of the Data Workbooks, we will advise you.

I have run out of space in my Data Workbook. Do I need another one?

No. If you have run out of additional space to record your bushfire loss and damage, add extra pages and include those with the Data Workbook we have provided, making it clear which section they refer to. The Data Workbook is like a guide, to help you identify what you have lost. If there isn't a section that refers to a particular item you may have lost (ie: beehives, equestrian infrastructure, other farming equipment), still list what was lost or damaged.

Am I required to provide values for my bushfire loss and damage?

If possible, but it is not essential. It is our role to help you assess your bushfire loss and damage. We have extensive bushfire class action litigation experience and are well acquainted with what you can be compensated for under law. In the event that liability is resolved successfully we will work closely with you to value your loss and maximise any claim for damages you may have.

I believe that I was fully insured. Why should I make a claim?

It is unlikely you were fully insured. For example, if you lost pasture, trees, gardens or fencing, chances are those items were not insured. Even when insurance recovery is available, most fire victims find their insurance recovery is far less than is required for to compensate them for their losses. Insurance companies are likely to seek recovery of their losses, but will not seek to recover your uninsured losses as part of their claim. We will assist you to ensure you make a claim which includes ALL your losses, whether insured, under insured or uninsured.

In the event of a successful claim, will my legal costs exceed the amount of any compensation payable as a result of my bushfire loss and damage?

No. Group Members will never be in a position where legal costs exceed the net amount of compensation payable in respect of their bushfire loss and damage.

What will my costs be if my claim is successful?

In the event of a successful class action, the Defendant will be required to pay a significant proportion of the legal costs. We have provided detailed costs estimates in our Cost Disclosure Notice. We do not calculate costs as a percentage of damages recovered for each client. Any shortfall on legal costs actually incurred and the costs recovered from the defendant will be divided across the group. Your costs contribution will be calculated on a rateable proportion of the sum you recover as a fraction of the total damages recovered in the class action.