Mickleham-Kilmore fire victims urged to join class action group

The cut-off date looms for landowners to join a class action for compensation for damages caused by the Mickleham-Kilmore fire in February 2014.

Warrnambool-based Maddens Lawyers is calling on all property owners who were affected by the fire to formally register as a group member before May 22 to ensure they are entitled to compensation if the case is successful.

The class action was brought to the Supreme Court last October by Mickleham’s Steven Elliot Williams on behalf of anyone who suffered injury, damage or loss as a result of the fire that tore through 5500 hectares between Mickleham and Kilmore.

The matter is next listed for a directions hearing before Justice Terry Forrest on June 15 and the trial itself is expected to start in May next year.

Justice Forrest’s brother, Justice Jack Forrest, presided over the Kilmore East- Kinglake Black Saturday bushfire class action.

The defendants to the Mickleham-Kilmore class action are AusNet Electricity Services, Hume council and Active Tree Services.

Mr Williams alleges the three defendants shirked their responsibilities to maintain the vegetation in the vicinity of the power line and, in the case of AusNet Services, to adequately maintain and operate the power line. He claims the fire started when a tree fell on a power line at the Avenue of Honour in Mickleham. All the defendants have denied liability.

The fire burned out of control for a number of days and destroyed 13 houses as well as farm buildings and sheds. About 10,000 sheep and 600 cattle perished.

Maddens Lawyers senior partner and bushfire compensation expert Brendan Pendergast said more than 300 people had so far registered as a group.

“We’ve been inundated with inquiries from people over the past 12 months,” he said.

Mr Pendergast advised those affected to complete a notice of registration form to be entitled to compensation.

“If they do so they protect their rights when the case is successfully concluded and will not be liable for any legal costs,” he said.

Anyone who fits the definition of a “group member” will automatically be bound by the outcome of the case.

However, if they fail to register, they will not be entitled to compensation if there is a settlement.

Maddens Lawyers can be contacted at 219 Koroit Street, Warrnambool, by phoning 5560 2000 or emailing cam@maddenslawyers.com.au.