Tuesday, November 8, 2011

Communique from the CEO: Civil Litigation and Opt-Out Notice

As you are aware, CFA is a defendant in civil litigation arising from the Kilmore East Fire on Black Saturday. The proceedings were instigated against SPI (AusNet) on behalf of a class or group who suffered loss and damage of all types as a result of the fire. CFA has been joined as defendant (along with DSE, Victoria Police and SPI’s inspection contractor, UAM).

The legal system in Victoria as it applies to class proceedings means that all those who suffered loss or damage as a result of the Kilmore East Fire are potentially members of the class represented in the proceedings unless they choose to opt out.

Therefore, some of our volunteers and staff may be members of the class because they suffered loss or damage as result of the fire.

Shortly, a notice will appear in the local newspapers in the area of the fire as well as The Age and The Herald Sun advising how to opt out of the proceedings if you wish to do so. CFA’s lawyers have prepared an explanation of this notice for CFA’s volunteers and staff.

It is an individual and personal decision whether any volunteer or staff member wishes to participate in the proceedings and CFA respects each individual’s right to decide based on their own circumstances. Unfortunately, because CFA is a defendant in the litigation it cannot provide any individual advice and if any volunteer or staff member has concerns or queries they may wish to seek their own independent legal advice.

A more detailed document concerning the opt-out notice will be available tomorrow on CFA Connect and you are encouraged to read this for the extra information it will provide.

Mick Bourke
CEO