Bushfire settlement likely out of court
A class action lawsuit involving several dozen victims of the 2011 bushfires looks likely to be settled out of court.
Law firm Slater and Gordon says it is attempting to avoid a drawn-out legal stoush with the WA Government and is acting for more than 60 claimants.
Lawyer Ben Hardwick said discussions were ongoing with the State’s insurer RiskCover to resolve each claim and avoid issuing proceedings.
“A negotiated outcome is preferable to launching litigation, although we are of course prepared to issue proceedings if this is required to obtain a fair result for our clients, ” he said.
In November 2012, Premier Colin Barnett said all reasonable claims for losses relating to the fires would be accepted.
However, many bushfire victims said the amount offered in compensation had left them short in covering costs.
Bushfire victim Garrath Stewart said he was waiting on an update from Slater and Gordon.
But daily life made finishing the law firm’s requests difficult, he said.
He believed his family had a $300,000 shortfall against the costs already covered by the Government.
Further compensation would include other losses including time and labour.
“We’ve been told to put in a claim for hours on the block, rebuilding, ” Mr Stewart said.
“We’ve been told to put in a claim.
“It’s been going on for two-and-a-half years.”
A Department of Premier and Cabinet spokesman confirmed settlement for some cases looked likely.
“No class action was commenced by Slater and Gordon, ” the spokesman said.
“All claims so far have been dealt with by negotiation.”
About 24 claims had been received so far, with four settled.
A further eight claims are “partially settled” and waiting on Slater and Gordon’s response, according to the Government.
Another 12 are under assessment.
The law firm previously flagged a multimillion dollar suit similar to after the 2007 Toodyay bushfire.
