The Horsham bushfire commenced as a result of three coach screws falling from a pole cap on the pole of a single wire earth return line off Remlaw Road, west of Horsham. As a consequence, the live conductor arced with dry stubble, igniting a fire that affected over 300 properties, destroying many structures, hundreds of kilometres of fencing, numerous live stock, fodder and other assets. Preceding the bushfire the same conductor had become detached from an adjoining pole and a post bushfire audit by Powercor identified a number of other loose pole caps and broken tie wires on the same line.
Maddens Lawyers has issued a class action in the Supreme Court at Horsham.
To view a copy of the Amended Statement of Claim and Defence in the matter Laurence Peter Thomas v Powercor Australia Limited (ACN 064 651 109) please click on the following links:
AMENDED STATEMENT OF CLAIM
DEFENCE
Trial of the Horsham Bushfire Class action commenced before the Honourable Justice J. Forrest in the Supreme Court in Horsham on 5 September 2011. After a Trial over five weeks and involving over 30 lay and expert witnesses, the case settled on 13 October 2011.
To view a copy of the Notice of Proposed Settlement of Horsham Bushfire Class Action and the Settlement Agreement please click on the following links:
NOTICE OF PROPOSED SETTLEMENT OF HORSHAM BUSHFIRE CLASS ACTION
SETTLEMENT AGREEMENT
We are now pleased to confirm that on 5 December 2011 His Honour Justice Beach made orders approving settlement of the Horsham Bushfire Class Action.
To view a copy of the Notice of Settlement click on the following link:
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 Horsham 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 28 February 2012.
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CLAIMS ASSESSMENT PROCEDURE AND CLAIMS BOOK
If you have not already done so, if you desire to claim bushfire damages it is essential you now detail any loss or damage suffered as a consequence of the Horsham Bushfire.
HORSHAM BUSHFIRE CLIENT PARTICULARS (incorporating checklist)
FIRE LOSS DATA WORKBOOK
Use the above documents as guides to assist you in detailing your loss. Your details will remain confidential and will only be used to instruct our expert assessors Aberdeen Consulting Pty Ltd and allow them to prepare your claims book and resolve the monetary value of your claim.
You will be required to provide supporting documentation such as photographs of fire damaged property, quotes, invoices and a sketch plan or aerial photograph detailing areas of fire damage to your property. Maddens Lawyers and Aberdeen Consulting are ready to assist you in detailing and reviewing the evidence you provide to support your claim.
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APPROPRIATE METHODS OF ASSESSING DAMAGES
Orders of His Honour Justice Forrest dated 5 December 2011
The Court has ordered the approach which will be adopted in assessing damages, replacing destroyed or damaged items and determining damages for inconvenience to group members in the Order which can be accessed by clicking the above link.