Briefing held by CFA at Whittlesea Fire Station Monday 24 October regarding Black Saturday class action for the Kilmore East fire. My notes:
All those who lost property or were affected by Black Saturday are in the "class". The action is being taken against SPI (SP Ausnet), who have then brought in CFA, DSE and Vicpol, and one of their sub-contractors (UAE?).
Three options are available for us:
1. Opt-out of the class by notifying the Supreme Court by end January 2012. Notices will soon appear in newspapers on how to do this. You may take this option if you want to pursue your own action against SPI, as an example.
2. Do nothing. You'll remain in the class, but there will not be any outcome for you. Your name is not on any list.
3. Submit a claim to be included in the class action. Maurice Blackburn will likely put ads in the paper towards the end of 2012 on how to do this. Your insurance company may force you into this option as there is usually a clause in your policy covering this.
The action is going to court January 2013 and is estimated to take 6 months. The argument is more likely to be legal/technical rather than on facts. It is unlikely that we would be asked to be witnesses, and if we are, we can decline. They could subpoena us, but that's highly unlikely as they would not want a hostile witness.
CFA does not need to know whether any members are making a claim. That is a personal choice.
I hope this helps those that couldn't attend the meeting. I'm happy to answer further questions based on what was discussed at the meeting, but if you have any detailed or complex questions, you really need to contact your own solicitor or Maurice Blackburn for advice.
Geoff
