Disappointment as Cudlee Creek Bushfire trial delayed

Group members have expressed their disappointment as the Cudlee Creek Bushfire Class Action trial has been delayed by another 12 months.

In a directions hearing earlier in the year, the trial judge ruled that the 11 November 2024 trial date be vacated to allow both parties to put on technical evidence relating to the cause and circumstance of the fire.

At the most recent directions hearing on 10 October, the trial was fixed for hearing in November 2025, 12 months after the original date. On behalf of group members, Maddens Lawyers sought orders from the Court for an earlier trial date.

Maddens Lawyers Special Counsel, Brendan Pendergast, said the delay is frustrating but necessary.

"We understand the long delay in advancing this matter to trial is disappointing for the group members, however, this matter involves highly technical evidence. In order to allow the parties and their expert witnesses to prepare the case, together with the Court's availability to schedule what is anticipated to be a five-week trial, the matter has been listed for hearing in November next year."

The Cudlee Creek Bushfire Class Action was launched by Maddens Lawyers in 2022 on behalf of those impacted by the 2019 Cudlee Creek Bushfire. The bushfire ignited on the morning of 20 December 2019 after a large pine tree fell on high voltage conductors. At the time of the fire, the Adelaide Hills was experiencing an extreme heat wave, and a Total Fire Ban was in place.

The bushfire tragically resulted in one loss of life and the loss of almost 100 homes. Dozens of vineyards and fruit orchids, and over 700 more properties were severely impacted.