It comes as Maddens Lawyers revealed a second of the four class actions – this one related to the Camperdown/Gnotuk blaze – had been dropped with “unanimous support” from the victims of the fire.

Maddens Lawyers principal Brendan Pendergast said the other two class actions relating to the Terang and Garvoc fires are progressing to mediation and a potential trial. 

Mr Pendergast also revealed that Powercor has requested the Supreme Court allow it to add its line inspection contractor, Electrix, as a second defendant to the Garvoc class action. Electrix were engaged by Powercor to undertake inspections of the pole in the years prior to its failure. 

Maddens Lawyers class action principal Brendan Pendergast said if Garvoc fire victims did not sign up to that class action before March 22 they would not  receive compensation.

He said loss assessors engaged by Maddens had made significant progress in assessing group members’ loss and damage and an independent rural loss assessor would visit each property to review and value the damage caused by the fire.

Mr Pendergast said the assessor will then prepare a valuation report for each group member, which will be used in support of their claim for compensation.

The trial has been set down to be heard in Warrnambool during the Supreme Court circuit on October 21. 

The Gazette fire class action was dismissed earlier this month and orders have been made that Powercor is entitled to recover its costs of the proceeding. 

However, Mr Pendergast said the effect of the order was that the lead plaintiffs and Powercor now had an opportunity to reach an agreement as to costs. In the event that no agreement is reached, the costs will be set by the court. 

He that no costs amount had been sought by Powercor from the lead plaintiffs at this stage and declared at no point would group members be liable for any legal costs. 

“The effect of his Honour’s decision to dismiss the Gazette fire class action is that the plaintiffs and affected property owners are prevented from having their claims against Powercor ventilated at trial,” he said.

“This is obviously a disappointing development and the plaintiffs are currently taking advice as to whether to appeal his Honour’s decision. That step will be considered by our legal team and clients in the forthcoming fortnight.” 

The Terang fire class action involves about 180 fire victims and is advancing towards a court-ordered mediation. A date has not yet been fixed for the mediation.

Mr Pendergast said an in-principle agreement to discontinue the proceeding for the Camperdown/Gnotuk fire class action had been reached, with the unanimous support of the property owners impacted.

Mr Pendergast said Maddens remained committed to investigating and pursuing bushfire class action recoveries on behalf of the community.

“Maddens Lawyers is focused on ensuring that fire victims and impacted property owners’ entitlements to compensation are pursued,” he said.

“There were four serious fires in the south-west on St Patrick’s Day. It is not disputed that each of those fires were started by electrical assets. We make no apology for advocating on behalf of fire-affected community members and will not shy away from the difficult cases.”

The Standard has contacted Powercor for comment.

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