Cudlee Creek residents accuse SA Power Networks for failing to prepare for blaze

More than 1000 residents affected by the Cudlee Creek bushfire have joined a class action against SA Power Networks. See who is eligible here.

Lawyers representing more than 1000 people affected by the Cudlee Creek fire say SA Power Networks failed to prepare for catastrophic conditions on the day the horrific blaze started in December 2019.

Maddens Lawyers launched a class action in the Supreme Court on Wednesday, alleging the power company should have adjusted the energy network’s fault protection devices in preparation for the day.

Residents are also suing the owners of the property that the fire started on, alleging they neglected to maintain the tree that fell on power lines, sparking the blaze.

An estimated $150 million in damages is being sought.

Special Counsel Brendan Pendergast said more than 1000 people affected by the Cudlee Creek fire were automatically covered by the class action and do not need to actively apply to be involved.

Residents who think they may be covered by the action can sign up for updates here.

Cudlee Creek bushfire victim Ron Selth. Picture: Facebook

Mr Pendergast said SA Power Networks was aware that December 20, 2019 – when the fire started – was the fourth consecutive day of catastrophic fire conditions.

“On that day, the device should have been set to its absolutely most sensitive setting, so that if any fault was detected, the whole line should have been immediately de-energised.”

The Cudlee Creek fire started after a 24m tall plantation forest pine tree fell on to a power line. The resulting blaze killed civil engineer Ron Selth and destroyed about 90 homes and 500 outbuildings.

In the statement of claim filed in the Supreme Court, affected residents argue SA Power Networks “failed to disconnect the supply of electricity to the Cudlee Creek feeder prior to the … fire”.

They also allege the company should have adjusted the “operating settings on the reclosers on the Cudlee Creek feeder … to reduce the fault clearance time or to disable the reclose function”.

The law firm is working closely with a core group of about 55 victims, including lead plaintiff Kristen Thrower, of Woodside.

“I worked so hard to establish myself and now I’ve stepped back all the way to zero with absolutely nothing,” he said.

“It still gives me nightmares.

“I’d like to think that someone is held accountable for the devastation to my life, my family’s life, the environment around us and all the animals that perished.”

Maddens Lawyers Special Counsel Brendan Pendergast addressing the media in Adelaide. Picture: Gabriel Polychronis

An independent report into the fire ordered by the State Government last year found the tree was beyond the prescribed clearance zone and it “could not identify any indicators that could have enabled a reasonable person to identify this tree failure prior to the event”.

Despite this, residents are also taking on Michael and Marianne Georgiou – the owners of the property the fire started on.

Lawyers claim they neglected to maintain the tree that fell on the power line.

“In the premises, the Cudlee Creek bushfire was caused by the Georgious’ negligence,” the statement of claim says.

Mr Pendergast believed the State Government report was “inadequate”.

“We have sought various supporting documents referred to and relied upon in constructing that report, which have not been forthcoming,” he said.

Mr Pendergast said the class action could go to trial within two years “if we don’t resolve beforehand”.

An SA Power Networks spokesman said the company was yet to see the details of the claim, “but will defend its actions”.

“An independent government report concluded the fire start was due to a tree falling from outside the vegetation clearance zone surrounding powerlines, and that SPAN had acted in accord with its bushfire and vegetation management procedures and equipment settings,” the spokesman said.

The Advertiser has attempted to contact the Georgious family for a response.

Maddens Lawyers is also representing residents affected by the Yorketown fire, in November 2019, in a separate class action against SA Power Networks.

Mr Pendergast said a court ordered mediation for that class action was set to take place next month.