Tuesday, July 15, 2014 3:25:22 AM
Black Saturday bushfire survivors secure $500 million in Australia's largest class action payout
Updated 2 hours 47 minutes ago
A Country Fire Authority truck is pictured in front of flames while fighting a Bunyip bushfire Photo: The class action was brought
by Maurice Blackburn on behalf of 10,000 people. (AAP Photo: Andrew Brownbill, file image)
http://www.abc.net.au/news/2014-07-15/a-country-fire-authority-truck-is-pictured-in/5597212
Related Story: Black Saturday class action enters final week
http://www.abc.net.au/news/2014-06-11/black-saturday-bushfires-largest-class-action-enters-final-week/5516648
Related Story: Victims relive horror of Kilmore East fire
http://www.abc.net.au/news/2013-03-04/victims-relive-horror-of-kilmore-east-fire/4551976
Survivors of Victoria's devastating 2009 Black Saturday bushfires have secured a $500 million payout, in what lawyers have called the biggest class action settlement in Australian legal history.
Maurice Blackburn Lawyers said victims of the Kilmore East-Kinglake bushfire, which started on February 7, had got "some justice today".
The action against power distributor SP AusNet and asset managers Utility Services Group involved 10,000 people, including relatives of the 119 people killed in the fire, people injured and those who lost their homes and property.
The blaze razed 125,000 hectares and destroyed more than 1,000 homes.
The case came about after the Victorian Bushfires Royal Commission found the Kilmore East-Kinglake bushfire was caused by an ageing SP AusNet power line.
In a statement, SP AusNet said the settlement was without admission of liability by the company and other parties.
It said it believed it was likely to win the lawsuit, but the uncertainty, complexity and scale of the case lead them and other parties to settle.
Audio: Black Saturday survivors win $500m payout (The World Today)
http://www.abc.net.au/news/2014-07-15/black-saturday-survivors-to-receive-500-million/5598192
"SP AusNet extends its deepest sympathy to those who suffered losses in the Black Saturday bushfires," the statement said.
"SP AusNet's position has been, and continues to be, that the conductor which broke and which initiated the fire was damaged by lightning, compromising its fail-safety design in a manner which was undetectable at the time.
"It is a tragedy that the conductor eventually failed on one of the worst days imaginable.
"SP AusNet's management of its network did not involve any negligence."
Under the proposed settlement, the state of Victoria will pay more than $100 million for inadequate warnings at the time of the fire and insufficient controlled burns.
Premier Denis Napthine said the Government's insurance would cover the cost.
"It won't affect our budget, won't affect our bottom line, will not affect services," Dr Napthine said.
"This is a normal insurance procedure and our decision on this matter is based on the best legal and professional advice."
Dr Napthine said he hoped the settlement would bring some closure to those affected by the tragedy.
"I think that anybody who lost a loved one in these fires, it's very difficult even when the settlement is reached. It is still a very difficult and painful process," he said.
'Nothing will take away the pain'
Carol Matthews, the lead plaintiff in the case, lost her son in the bushfire and said the trial had held parties accountable, which previous investigations had not done.
---
"It's exposed many of the failings that occurred on that day, failings that were very avoidable."
Carol Matthews, lead plaintiff
---
"Nothing will take away the pain of losing my son and today's settlement won't change what has happened, but today there is an element of relief and a sense of comfort that this settlement will ease the financial struggle that so many people are still facing," Ms Matthews said.
"It's exposed many of the failings that occurred on that day, failings that were very avoidable.
"I find it unthinkable that the primary concern of SP AusNet was not for the survivors and the 119 lives that were lost, but purely to try and reduce their liability regarding a fire that was completely preventable."
Ms Matthews said she hoped the action would lead the parties involved to reassess their standards of operation to prevent further tragedies.
The head of Maurice Blackburn's class action department, Andrew Watson, said they were waiting for the court to approve the settlement.
"No amount of money will ever compensate those who were affected by the fire for the losses they have suffered," Mr Watson said.
"But this settlement of nearly $500 million, represents a measure of justice and some real compensation that will ease the financial burden of their suffering."
He said due to the large number of people involved it could take up to 18 months for the money to be distributed.
---
"A lightning strike caused this fire in the same way that the formation of the sun created human life on earth."
Andrew Watson, Maurice Blackburn Lawyers
---
Mr Watson also disputed SP AusNet's claim that a lightning strike was the cause of the fire.
"A lightning strike caused this fire in the same way that the formation of the sun created human life on earth," he said.
"Yes, it was the ultimate cause, but there were a lot of steps in between, and the reality is that what we alleged in the proceeding was there was a series of failings by SP AusNet.
"They haven't admitted them, they're never going to admit them... but what we hope is regardless of their failure to admit as part of this settlement, they take on board some of the criticisms we made of their procedures and factor that into their future operations."
Uncertainty, complexity and scale of case led to settlement
Those seeking compensation have received more than double the previous highest Australian class action settlement of $200 million.
SP AusNet has agreed to pay $378.6 million, while Utility Services Corporation Ltd will pay $12.5 million.
State parties, which included Victoria Police, the CFA and the Department of Sustainability and Environment, have agreed to pay $103.6 million.
The Black Saturday bushfires were the worst in Victoria's history, with a total of 173 people killed in a series of bushfires that burnt across the state.
The class action took place in the Melbourne Supreme Court and ran for more than 200 sitting days in a specially-designed courtroom.
SP AusNet also said it remained a party in the Murrindindi fire class action and would "vigorously defend that claim".
http://www.abc.net.au/news/2014-07-15/black-saturday-bushfire-survivors-secure-record-payout/5597062
See also:
Paramedics will struggle to cope as Victoria, South Australia hit with heatwave
http://investorshub.advfn.com/boards/read_msg.aspx?message_id=95948121
California drought: Past dry periods have lasted more than 200 years, scientists say
http://investorshub.advfn.com/boards/read_msg.aspx?message_id=96830959
Do you ever get tired of being an ignorant hick?
http://investorshub.advfn.com/boards/read_msg.aspx?message_id=104185402
California declares drought as early wildfires rage
http://investorshub.advfn.com/boards/read_msg.aspx?message_id=96089184
Updated 2 hours 47 minutes ago
A Country Fire Authority truck is pictured in front of flames while fighting a Bunyip bushfire Photo: The class action was brought
by Maurice Blackburn on behalf of 10,000 people. (AAP Photo: Andrew Brownbill, file image)
http://www.abc.net.au/news/2014-07-15/a-country-fire-authority-truck-is-pictured-in/5597212
Related Story: Black Saturday class action enters final week
http://www.abc.net.au/news/2014-06-11/black-saturday-bushfires-largest-class-action-enters-final-week/5516648
Related Story: Victims relive horror of Kilmore East fire
http://www.abc.net.au/news/2013-03-04/victims-relive-horror-of-kilmore-east-fire/4551976
Survivors of Victoria's devastating 2009 Black Saturday bushfires have secured a $500 million payout, in what lawyers have called the biggest class action settlement in Australian legal history.
Maurice Blackburn Lawyers said victims of the Kilmore East-Kinglake bushfire, which started on February 7, had got "some justice today".
The action against power distributor SP AusNet and asset managers Utility Services Group involved 10,000 people, including relatives of the 119 people killed in the fire, people injured and those who lost their homes and property.
The blaze razed 125,000 hectares and destroyed more than 1,000 homes.
The case came about after the Victorian Bushfires Royal Commission found the Kilmore East-Kinglake bushfire was caused by an ageing SP AusNet power line.
In a statement, SP AusNet said the settlement was without admission of liability by the company and other parties.
It said it believed it was likely to win the lawsuit, but the uncertainty, complexity and scale of the case lead them and other parties to settle.
Audio: Black Saturday survivors win $500m payout (The World Today)
http://www.abc.net.au/news/2014-07-15/black-saturday-survivors-to-receive-500-million/5598192
"SP AusNet extends its deepest sympathy to those who suffered losses in the Black Saturday bushfires," the statement said.
"SP AusNet's position has been, and continues to be, that the conductor which broke and which initiated the fire was damaged by lightning, compromising its fail-safety design in a manner which was undetectable at the time.
"It is a tragedy that the conductor eventually failed on one of the worst days imaginable.
"SP AusNet's management of its network did not involve any negligence."
Under the proposed settlement, the state of Victoria will pay more than $100 million for inadequate warnings at the time of the fire and insufficient controlled burns.
Premier Denis Napthine said the Government's insurance would cover the cost.
"It won't affect our budget, won't affect our bottom line, will not affect services," Dr Napthine said.
"This is a normal insurance procedure and our decision on this matter is based on the best legal and professional advice."
Dr Napthine said he hoped the settlement would bring some closure to those affected by the tragedy.
"I think that anybody who lost a loved one in these fires, it's very difficult even when the settlement is reached. It is still a very difficult and painful process," he said.
'Nothing will take away the pain'
Carol Matthews, the lead plaintiff in the case, lost her son in the bushfire and said the trial had held parties accountable, which previous investigations had not done.
---
"It's exposed many of the failings that occurred on that day, failings that were very avoidable."
Carol Matthews, lead plaintiff
---
"Nothing will take away the pain of losing my son and today's settlement won't change what has happened, but today there is an element of relief and a sense of comfort that this settlement will ease the financial struggle that so many people are still facing," Ms Matthews said.
"It's exposed many of the failings that occurred on that day, failings that were very avoidable.
"I find it unthinkable that the primary concern of SP AusNet was not for the survivors and the 119 lives that were lost, but purely to try and reduce their liability regarding a fire that was completely preventable."
Ms Matthews said she hoped the action would lead the parties involved to reassess their standards of operation to prevent further tragedies.
The head of Maurice Blackburn's class action department, Andrew Watson, said they were waiting for the court to approve the settlement.
"No amount of money will ever compensate those who were affected by the fire for the losses they have suffered," Mr Watson said.
"But this settlement of nearly $500 million, represents a measure of justice and some real compensation that will ease the financial burden of their suffering."
He said due to the large number of people involved it could take up to 18 months for the money to be distributed.
---
"A lightning strike caused this fire in the same way that the formation of the sun created human life on earth."
Andrew Watson, Maurice Blackburn Lawyers
---
Mr Watson also disputed SP AusNet's claim that a lightning strike was the cause of the fire.
"A lightning strike caused this fire in the same way that the formation of the sun created human life on earth," he said.
"Yes, it was the ultimate cause, but there were a lot of steps in between, and the reality is that what we alleged in the proceeding was there was a series of failings by SP AusNet.
"They haven't admitted them, they're never going to admit them... but what we hope is regardless of their failure to admit as part of this settlement, they take on board some of the criticisms we made of their procedures and factor that into their future operations."
Uncertainty, complexity and scale of case led to settlement
Those seeking compensation have received more than double the previous highest Australian class action settlement of $200 million.
SP AusNet has agreed to pay $378.6 million, while Utility Services Corporation Ltd will pay $12.5 million.
State parties, which included Victoria Police, the CFA and the Department of Sustainability and Environment, have agreed to pay $103.6 million.
The Black Saturday bushfires were the worst in Victoria's history, with a total of 173 people killed in a series of bushfires that burnt across the state.
The class action took place in the Melbourne Supreme Court and ran for more than 200 sitting days in a specially-designed courtroom.
SP AusNet also said it remained a party in the Murrindindi fire class action and would "vigorously defend that claim".
http://www.abc.net.au/news/2014-07-15/black-saturday-bushfire-survivors-secure-record-payout/5597062
See also:
Paramedics will struggle to cope as Victoria, South Australia hit with heatwave
http://investorshub.advfn.com/boards/read_msg.aspx?message_id=95948121
California drought: Past dry periods have lasted more than 200 years, scientists say
http://investorshub.advfn.com/boards/read_msg.aspx?message_id=96830959
Do you ever get tired of being an ignorant hick?
http://investorshub.advfn.com/boards/read_msg.aspx?message_id=104185402
California declares drought as early wildfires rage
http://investorshub.advfn.com/boards/read_msg.aspx?message_id=96089184
It was Plato who said, “He, O men, is the wisest, who like Socrates, knows that his wisdom is in truth worth nothing”
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