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Children of bushfire victim 'could still sue' after compensation

THE children of a woman who accepted a one-off $35,000 payment from the WA government over her father's death could still sue the government.

THE children of a woman who accepted a one-off $35,000 compensation payment from the West Australian environment department over the death of her father in the Boorabbin bushfire could still sue the government.

Estelle Bedford, whose father Lewis was one of three truck drivers to die in the 2007 fire on a Goldfields highway, signed an agreement with the Department for Environment and Conservation last year on condition neither she, her successors nor any parties representing her make further claims against the state.

But it is understood it would take an order from a District Court judge to specifically stop further action by any of Ms Bedford's three children.

Ms Bedford's lawyer, John Hammond, said as far as he knew the court had not compromised any potential claim by her children.

"Under the Fatal Accidents Act, all children and grandchildren are able to bring a dependency claim," Mr Hammond said.

On Friday, state Coroner Alastair Hope handed down his findings into the blaze, saying "extreme incompetence" by the department had contributed to the deaths.

Mr Hope singled out incident controller Barry Raymond Hooper for his decision to reopen a major highway during the fire and let through Mr Bedford, 60, Trevor Murley, 53, and Robert Taylor, 46. Mr Hooper had been aware of an imminent wind change that would push the fire towards the highway.

Last week, Mr Hooper left the department with a $75,000 redundancy package for his 25 years service.

Original URL: https://www.theaustralian.com.au/news/nation/children-of-bushfire-victim-could-still-sue-after-compensation/news-story/28c784b28c40cb623b9f0a4115b3fac8