Lawyers representing Hillcrest families file class action against government, operators
Lawyers representing the parents of the children killed in the Hillcrest tragedy believe a new legal battle will be the ‘first step in the path to securing a measure of justice.’ The next steps.
Tasmania
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Lawyers representing victims of the Hillcrest Primary School tragedy have launched a class action on behalf of the grieving families and traumatised witnesses, seeking compensation from the State of Tasmania and the operator of the jumping castle at the centre of the 2021 incident.
The class action brought by law firm Maurice Blackburn, has been filed in the Supreme Court of Tasmania, and makes a claim against the State of Tasmania and the operators of Taz-Zorb, which supplied and set up the jumping castle and zorb balls.
Details of the class action are being made public on the third anniversary of the tragedy, in which six children died and three others were injured after a jumping castle and zorb balls were lifted into the air by a wind gust during end-of-year celebrations at the Devonport school.
In the writ lodged with the court, the case alleges that the state – as the operators of Hillcrest Primary School – and Taz-Zorb – the company owned by Rosemary Gamble – failed to take reasonable precautions to ensure the safety of those taking part in the activities on December 16 2021.
Ms Gamble has entered a not guilty plea to the charge of failure to comply with health and safety duty category 2 over the tragedy.
A decision is expected to be delivered in February after a two-week hearing took place in Devonport Magistrates Court in November.
The lead plaintiffs in the class action are Georgina Burt, the mother of Zane Mellor, and Andrew Dodt, the father of Peter Dodt. Both children died in the incident.
Children who suffered a physical or psychological injury during the incident, witnesses of the incident or the immediate aftermath, and close family members of the deceased or injured children are eligible to join the class action, Maurice Blackburn said in a statement.
The legal firm’s Principal Lawyer Dimi Ioannou said the incident was horrific and had long-lasting impacts on the Hillcrest Primary School community and the wider North-West.
“There are no words that can ever truly capture the loss that our clients have suffered because of the Hillcrest Primary School tragedy,” Ms Ioannou said.
“It is an unspeakable and devastating loss for these families and for everyone who loved these children.
“When parents drop their kids off at the school gate, they have a right to expect their children will be safe.”
Ms Ioannou said she aimed to support the Hillcrest families as best as possible.
“The families affected by the tragedy of what happened at Hillcrest feel the pain and the trauma of their loss every day.”
“Nothing will erase the suffering or bring back their lost children.
“What these families hope to achieve through this class action is some accountability for what happened on that day.
“This class action is the first step in the path to securing a measure of justice for the families affected by the Hillcrest tragedy.”
Anyone who wants to be part of the class action can register via the Maurice Blackburn website or by emailing HillcrestClassAction@mauriceblackburn.com.au.
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