Cudlee Creek bushfire victims rallying behind $150 million compensation claim against SA Power Networks

The victims who lost everything during the 2019 Cudlee Creek bushfires are backing a $150 million class action against SA Power Networks.

Those who lost homes, businesses and treasured belongings during the Cudlee Creek bushfire in 2019 are rallying behind a class action, aimed at helping victims find their feet over a year on.

The action was launched on Thursday against SA Power Networks, targeted by Victorian law firm Maddens Lawyers and senior Warrnambool lawyer Brendan Pendergast over “the inadequacy of … fault protection settings.”

An estimated $150 million in damages is being sought after the fire, which destroyed about 90 homes and 500 more outbuildings, was caused by a tree falling on powerlines.

Enrico Sgarbi, of Lobethal, who along with his wife Sophia lost almost every material possession they own, including six classic cars, 600 bottles of wine, their family home and belongings, said the class action made him and other victims “extremely excited.”

“It needs to happen because most of the people in the hills do the right thing,” he said.

Enrico Sgarbi pictured at his newly-built home, after the Cudlee Creek bushfire destroyed his old one. Picture: Tricia Watkinson

Enrico Sgarbi at his destroyed Lobethal property shortly after the fire in 2019. Picture: Brad Fleet

Mr Sgarbi said he is “100 per cent behind” the class action, that will help ease the financial burden the bushfire has left on those who lost it all.

“Nothing can replace what we lost, but compensation can ease the pain,” he said.

“We will be mourning the loss for the rest of our lives.”

Mr Pendergast said the class action arose from “the inadequacy of SA Power Networks fault protection settings.”

“20 December 2019 was forecast to be a catastrophic day of fire risk,” Mr Pendergast said.

“That forecast was known well in advance and wasn’t unexpected given the conditions in the days prior.

“More could and should have been done by SA Power Networks to ensure their protection devices responded immediately to any faults on their network.”

Neighbour to the Sgarbis at the time the fire mercilessly tore through the land was Wendy Nitschke, who has been working tirelessly for the past year to rebuild her 100-year-old family home that was completely destroyed by the fire just off Neudorf Rd at Lobethal.

“I was absolutely devastated … I lost 100 years of my family,” Ms Nitschke said.

She said she was “extremely angry” upon finding out the circumstances that led to the fire, as it was avoidable and “didn’t need to happen.”

Ms Nitschke, pictured two weeks on from the fire in 2019. She now has the foundations for her new home on the same site. Picture: Brad Fleet

Ms Nitschke said receiving compensation from a class action would “help us get back on our feet” and has estimated her efforts to rebuild the home, care for her 10 cattle, two alpacas, purchase machinery and resources would cost her around $1 million.

“Any sort of money I’ve received from donations or work has gone back into feeding the animals, rebuilding the home, building sheds, getting a tractor, buying chainsaws, fencing, concrete posts, the list goes on.”

Ms Nitschke currently lives at her partner’s home at Pennington, and spends her weekends at her Lobethal property, working to rebuild and sleeping in a caravan on site.

She said the area had only recently had power returned, and was glad to have an electric bar fridge in the caravan to enjoy a cold drink.

“I’ve spent lots of hours trying to deal with it, I’m still trying to get things done at the property,” she added.

“People seem to think we’re OK, and we’re not.”

The fire also damaged or destroyed in the order of 1100 hectares of vineyards – about a third of the Adelaide Hills’ grape production.

CFS volunteer and koala watch on as the Cudlee Creek fire front approaches Beal & Co winery in the Adelaide Hills. Photo: @sa_countryfireservice

Mr Pendergast has run successful bushfire-related class actions across the country, including a settlement last year for 64 victims of a NSW bushfire that started at a council-owned dump in 2009.

The same law firm filed another class action against SA Power Networks last year in relation to a bushfire near Yorketown in November 2019, where high-speed winds broke a line connected to a transformer, which then arced and led to hot molten metal falling and igniting dry grass.

The Cudlee Creek fire started after a 24m tall plantation forest pine tree fell on to a powerline.

A State Government investigation 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”.

The report, conducted by the Energy and Mining Department, also found “no defects were known” prior to the Yorketown fire.

SA Power Networks at work on the Cudlee Creek fireground. Picture: SAPN

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 SAPN had acted in accord with its bushfire and vegetation management procedures and equipment settings,” the spokesman said.