Deadline looms for Cudlee Creek fire victims to join class action

Time is running out for more than 500 victims of the devastating Cudlee Creek fire to join a legal fight for compensation, class action organisers warn.

More than 500 people have yet to join a $150m compensation claim for a huge fire that caused devastation across the Adelaide Hills.

The Supreme Court has approved the publication of an official notice calling for victims to register for a class action by September 30 otherwise they will not be entitled to damages.

The claim has been launched by a Victorian law firm, Maddens Lawyers, against SA Power Networks and the owners of a property at Cudlee Creek, where the fire started in December 2019.

Kris Thrower is the lead claimant in the Cudlee Creek class action. He has rebuilt his Woodside property. Picture: Brenton Edwards

Principal Kathryn Emeny said more than 370 property owners already had registered to participate in the class action.

“But we know there are hundreds of people who suffered losses and have not yet contacted our office,” she said.

Ms Emeny said her firm believed more than 850 properties were hit by the Cudlee Creek fire. “On our analysis there are close to 500 property owners who are eligible to participate in the class action but have not yet registered,” she said.

“It’s quite unusual to have such a high number that haven’t registered. Unless we hear from people, we can’t advance a claim for them.”

Enrico Sgarbi at his Lobethal property that he has rebuilt. He is taking part in the Cudlee Creek Fire class action. Picture: Brenton Edwards

One person was killed and 59 firefighters injured when the Cudlee Creek fire spread to various townships including Lobethal, Woodside, Brukunga, Harrogate and Mt Torrens.

It took 2000 volunteers more than 24 hours to contain the fire, which was eventually extinguished 10 days later.

The blaze quickly spread over 23,000ha, destroying 96 homes and badly damaging hundreds more.

Dozens of vineyards and fruit orchards also were wiped out, with the total damage bill exceeding $150m.

In the class action, Maddens is claiming the fire started in extreme heat when a large pine tree fell on to high-voltage conductors.

It is alleged one of the live conductors then came into contact with a nearby fencing wire and the ground, resulting in the ignition of the fire.

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

Maddens is alleging SA Power Networks should have done more to prepare its network for a day of extreme heat during a heatwave.

It is also claiming the tree that fell on the power line should have been pruned by its owners.

Ms Emeny said the class action was at “a very important stage”.

If people who suffered financial loss because of the fire did not register “then it’s likely they will not be entitled to share in any compensation if a settlement of the claim is reached”. “There is now a period of approximately four weeks for people to decide if they’d like to participate in the class action,” she said.

“After the deadline set by the court passes, people who haven’t registered will likely be left out from sharing in any compensation if a settlement is reached in the future.”

Eileen Sullivan and Ted Strudwivke at the site of their former home in Woodside

Ms Emeny said she did not want people to miss out on compensation that could help them rebuilding “their properties and their lives after this catastrophic fire event”.

“But unless people contact us, we can’t advance a claim for them,” she said.

“I strongly encourage anyone impacted by the fire to contact Maddens Lawyers to find out some more information about the class action and the compensation they’re eligible for.

“There’s a lot to be gained by registering to participate and absolutely nothing to lose.”

Ms Emeny said Maddens was taking the class action on a “no-win, no-fee” basis.

Registration can be done online at www.maddenslawyers.com.au or 1800 815 228.