The Coleraine bushfire commenced when a tie wire broke on a single wire earth return line off Balochile Road west of Coleraine, causing a live conductor to become detached from a pole and arc with the branches of the nearby tree plantation, causing ignition. The tie wire which broke in two places failed as a result of metal fatigue caused by wind vibration, the unequal distance between spans and an inadequate inspection regime. A post bushfire audit by Powercor identified other broken tie wires and loose pole caps on the line. In the years immediately preceding the Coleraine bushfire there had been several instances of the conductor on the same line becoming detached from poles due to broken tie wires.
The Coleraine Bushfire Class Action proceeding commenced by Maddens Lawyers on 13 March 2009, listed for hearing before His Honour Justice J Forrest in the Supreme Court at Hamilton on 16 April 2012, settled prior to the matter going to trial. Orders were made by Justice Forrest on 2 March 2012 for the "settlement agreement" to be publicised giving any person who suffered loss or damage to property as a consequence of the Coleraine Bushfire ("group members") an opportunity to oppose the terms of settlement agreed between the parties.
To view a copy of the Notice of Proposed Settlement of Coleraine Bushfire Class Action please click on the following link:
NOTICE OF PROPOSED SETTLEMENT OF COLERAINE BUSHFIRE CLASS ACTION
The settlement agreement was extensively advertised and Maddens Lawyers personally consulted with group members, none of whom were opposed to the terms of settlement.
We are now pleased to confirm that on 29 March 2012 His Honour Justice Beach made Orders approving settlement of the Coleraine Bushfire Class Action. In concluding the settlement application hearing in the Supreme Court at Hamilton His Honour congratulated the lead Plaintiffs and Powercor Australia Limited on having reached agreement, describing the settlement as an "imminently sensible compromise of this proceeding".
To view a copy of the Settlement Agreement and the Notice of Settlement click on the following links:
SETTLEMENT AGREEMENT
NOTICE OF SETTLEMENT
The Settlement Agreement is binding on every group member, and the claims assessment procedure is the only way for group members to recover compensation for loss and damage caused by the Coleraine Bushfire.
WHAT GROUP MEMBERS MUST NOW DO:
Complete the Group Member Registration Form attached to the Notice of Settlement and return to Maddens Lawyers by 29 June 2012.
To view a copy of the Statement of Claim and Defence in the matter Tracey Joanne Perry and Terrence Raymond Sagar v Powercor Australia Limited (ACN 064 651 109) ("The Coleraine Bushfire Class Action") please click on the following links:
STATEMENT OF CLAIM
DEFENCE