The Cudlee Creek bushfire ignited on the morning of 20 December 2019 and burnt across the Adelaide Hills, ravaging more than 20,000 hectares of land. The fire continued to burn over the Christmas period before being declared safe some 14 days later.
The Adelaide Hills region was irrevocably scarred by the fire with one person tragically killed, dozens injured, 87 homes destroyed and local businesses including vineyards and orchards devastated.
A class action arising from the fire is set for trial starting Monday 10 November in Adelaide’s Supreme Court.
The class action is being led by Mr Kris Thrower who lost almost everything when his home was destroyed in the fire. Mr Thrower managed to evacuate with just the clothes on his back and a beloved horse.
Maddens Lawyers is representing Mr Thrower and thousands of fire victims who are seeking compensation from SA Power Networks. It is alleged SA Power Networks failed to adequately manage its infrastructure having regard to the prevailing conditions including a catastrophic weather forecast and hazardous trees planted adjacent to the powerline.
Maddens Lawyers Special Counsel Mr Brendan Pendergast said the fire ignited when a pine tree located on private property failed and fell across a powerline causing the powerline to dislodge from its supports and arc.
“There had been no less than three tree failures on the property impacting on the powerline in the years leading up to the fire. There was a clear pattern of tree failures. More can and should have been done by SA Power Networks to manage the powerline in the circumstances,” said Mr Pendergast.
Mr Pendergast said the commencement of the class action on Monday was a huge milestone for fire victims.
“Those impacted by this fire have experienced significant trauma and distress – some people lost their home and their livelihood on the one day.
“The loss suffered in the fire event is estimated to exceed $200 million and whilst the Cudlee Creek community has shown that it is resilient, the magnitude of the loss has been unprecedented and continues to be felt to this day,” said Mr Pendergast
The class action trial is expected to run for five weeks and will include evidence from a range of internationally regarded experts including engineers, metallurgists and arborists.
Those impacted by the fire and who are yet to register with Maddens Lawyers are encouraged to do so by going to www.maddenslawyers.com.au or phoning 1800 815 228.
A confidential settlement was recently reached with the owners of the property on which the fire started.
Maddens Lawyers is Australia’s preeminent bushfire class action firm having successfully advanced more than a dozen bushfire class actions and also represented victims of the 1983 Ash Wednesday fires that caused extraordinary damage across the country.
More recently the firm has been responsible for spearheading class actions arising out of the Yorketown and Lucindale fire events in regional South Australia.