MaddensLawyers

Frequently Asked Questions

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  I am a bushfire victim. Who can I sue and what losses can I recover?

  In relation to the bushfires at Horsham, Coleraine and Weerite-Pomborneit the claims are against Powercor Australia Ltd. In the Beechworth-Mudgegonga bushfire the claim is against SP Australia Networks (trading as SP Ausnet).

  If an electricity distribution company is found to have negligently started the fire which caused your loss and damage, you are entitled to recover a sum of money that will put you back into the position in which you would have been, had the fire not occurred, so far as money can do so.



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  What are some of the common categories of bushfire losses, for which financial compensation can be recovered?

  You can be financially compensated for your time spent fighting the fire on your property, clean up associated with the bushfire, losses of vehicles, plant, machinery, fences, places of residence, buildings (sheds, workshops, garages, children’s cubbyhouses, poultry enclosures, etc), contents of residences or other buildings, destroyed hay and grain, damage to or loss of crops, pasture, livestock, firewood, urban and farm trees, gardens and loss of income.



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  The 2009 Bushfires Royal Commission is still considering the causes and circumstances of the bushfires. Should I wait until it hands down its findings?

  No. The Royal Commission is not a Court and is not considering the legal liability of the electricity distribution companies. Whilst the findings of the Royal Commission will be helpful to fire victims, they will not be conclusive. As evidence is already available there is no point waiting for the Commission’s findings.



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  I want to recover compensation for my bushfire losses. What should I do?

  You should register your interest on the Maddens Lawyers Register of Interest form, which can be found on this website. This will immediately transfer your name and contact details to our computer data base. We will then correspond with you and forward you a Data Workbook which will enable you to summarise details of your losses, for return to us.



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  How are my losses assessed in monetary terms?

  We have engaged Aberdeen Consulting Pty Ltd, an experienced bushfire loss assessing firm. Its loss assessors will visit your property, talk to you and peruse the information in your Data Workbook. This firm will first undertake a full stocktake of your losses and then assess these losses in monetary terms.



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  Do Maddens Lawyers charge upfront costs or fees to fire victims?

  No. We offer a conditional costs contract (otherwise known as a “no win, no fee” agreement). We bear all out of pocket expenses associated with the legal proceedings and in the event of an unsuccessful outcome no fire victim receives a bill of costs from us.



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  I believe that I was fully insured. Why should I make a claim?

  It is most unlikely that you were fully insured. If you lost pasture or trees, they will not have been insured. Even when insurance recovery is available, most fire victims find that their insurance recovery is far less than is required for restitution of their losses. Fire insurance companies are likely to seek recovery of their losses through legal process, but will not seek to add your uninsured losses to their claim.



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  Why should I engage Maddens Lawyers to recover my bushfire losses?

  Maddens Lawyers are experts in bushfire litigation having successfully acted for hundreds of bushfire victims following the 1983 Ash Wednesday Bushfires. The 2009 Victorian Bushfires Royal Commission has granted Maddens Lawyers leave to appear before it as to the causes and circumstances of four of the bushfires which occurred in Victoria on 7 February 2009. In that capacity we have introduced evidence, cross examined witnesses and made submissions to the Commission. Much of the evidence before the Commission is evidence which we obtained through diligent pursuit of eye witnesses, photographs and expert evidence. We know more about the facts and circumstances of these bushfires than most other Victorian lawyers.



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  What will my costs be if my claim is successful?

  In the event of a successful class action the Defendant is likely to be required to pay a significant proportion of our legal costs, the balance being paid by group members. We have provided detailed costs assessments in our Cost Disclosure Notice. Whilst we do not calculate costs as a percentage of damages recovered for each client, we are prepared to indicate that it is likely that our clients will be required to pay only a small proportion of the value of their recovered damages as contribution to costs.