POWERCOR has filed an application to dismiss the Supreme Court class action relating to the Gazette bushfire on St Patrick’s Day this year.
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The application will be heard by Justice John Dixon in the Supreme Court of Victoria in Melbourne on Wednesday.
The Gazette fire was caused by a Eucalyptus tree falling onto a powerline that ran through a blue gum plantation, causing the ignition of nearby vegetation.
The cause of the fire is understood to be agreed by Powercor.
Powercor is arguing that the 31 plaintiffs’ action has no real prospect of success and should be dismissed by the court prior to any hearing.
Powercor claims it owes no duty to fire victims beyond the statutory clearance zones around power infrastructure.
It argues that it is not required to meet the general common law duties, which apply to members of the community.
Maddens Lawyers senior class action principal Brendan Pendergast said the plaintiffs intended to vigorously oppose the Powercor application.
He said if Powercor’s application was successful, victims of the Gazette fire would be unable to claim losses and damage in the courts.
“The people impacted by the Gazette fire have the right to have their action heard in our Supreme Court, and we will oppose Powercor’s application in no uncertain terms," he said.
“The Gazette fire occurred within a controlled environment, that being a commercial plantation.
"The trees near the powerline had grown to a height at which, if one failed, it presented a significant risk in making contact with a live conductor, and causing a fire.
"This could have been avoided.”
Justice John Dixon will on Wednesday make directions for class actions for all four St Patrick’s Day fires, which will include timetabling orders for advancing each matter to a trial.
Calls have been made and emails sent to Powercor for comment.