Cudlee Creek bushfire class action trial begins in SA's Supreme Court
A class action trial over the devastation caused by the 2019 Cudlee Creek bushfire is underway in South Australia's Supreme Court. (ABC News: Casey Briggs)
In short:
A class action trial involving the victims of the 2019 Cudlee Creek bushfire has started in South Australia's Supreme Court.
Maddens Lawyers are seeking compensation from SA Power Networks on behalf of the victims, alleging the electricity distributor was negligent in the lead-up to the blaze.
What's next?
The trial is expected to continue for five weeks.
A landmark class action trial seeking compensation for the victims of the 2019 Cudlee Creek bushfire has started in South Australia's Supreme Court, with lawyers for the victims alleging SA Power Networks (SAPN) was negligent in the lead-up to the devastating blaze.
Maddens Lawyers, representing the victims, said the case was one of the largest of its kind — involving an estimated 2,000 affected properties, and more than 3,000 individuals.
Some of those affected attended court on Monday for the beginning of the trial, which is expected to last five weeks.
Special Counsel Brendan Pendergast said it was likely that the fire caused more than $200 million in damage, with victims now seeking compensation.
The case is being heard in South Australia's Supreme Court. (ABC News: Che Chorley)
He said it was agreed by both parties that the fire, which broke out in "catastrophic" conditions in the Adelaide Hills on December 20, 2019, was started after a powerline was dislodged by a falling tree.
"That's not in contention," he told reporters outside court.
"What is in contention is the power distribution company, SAPN, say that they were not negligent."
A structure alight in the bushfire at Cudlee Creek, in the Adelaide Hills. (ABC News)
Mr Pendergast said a plantation set alight by the downed powerline would also form part of the case.
"If you go out and have a look at the scene, there are compromised and fallen trees everywhere," he said.
"There's no expertise … required to determine that that was a very precarious plantation in a very precipitous location, immediately adjacent to powerlines. We say that all speaks for itself."
Woodside property owner Kris Thrower, the representative plaintiff in the case, lost his home and belongings in the fire.
"It changes your entire world,"he said.
He said his family moved house six times in 12 months in the aftermath, and it had been difficult to accept what had happened.
"If it was an act of God, you can't change Mother Nature. That's just how it is," he said.
"But when it's man-made, man-induced, you must think there's a means to stop it from happening right from the start, before it even occurs."
A CFS firefighter stands next to a koala close to the fire front during the Cudlee Creek fire. (Facebook: Eden Hills Country Fire Service)
In a statement, SA Power Networks said: "We understand the devastating impact bushfires can have on individuals, families and communities."
"The safety of our community and the reliability of South Australia's electricity network remain our highest priorities. We continue to work closely with emergency services and other stakeholders to minimise bushfire risks across South Australia," the statement said.
"SA Power Networks is committed to ongoing investment in bushfire mitigation strategies, including vegetation management, network upgrades, and the use of advanced technologies to reduce bushfire risks.
"As this matter is presently the subject of legal proceedings, it would be inappropriate for us to comment further at this time."