Residents, farmers and business owners who suffered uninsured losses during the Grose Valley/Mt Wilson escaped backburn fire of the 2019–2020 Black Summer bushfires are being invited to register their interest in joining a proposed Supreme Court class action.
The proceedings, which have been filed in the NSW Supreme Court, seek a judicial determination of whether the NSW Rural Fire Service (RFS) is legally liable for losses allegedly arising from the escaped backburn lit on 15 December 2019 and, if liability is established, whether those affected should be compensated.
The backburn subsequently escaped containment, with the resulting fire burning until 4 February 2020 and affecting approximately 57,000 hectares across the Hawkesbury and Blue Mountains communities.
No findings have been made by the Court, and the allegations remain untested. The proposed class action will only proceed if litigation funding can be secured.
Litigation funders are commercial organisations that finance class action proceedings by meeting the legal costs. If a claim is successful, the funder generally receives an agreed share of any compensation or costs recovered. If unsuccessful, the funder ordinarily bears the legal costs it has agreed to finance.
According to organisers Hawkesbury Blue Mountains Community Bushfire Alliance, Senior Counsel has advised that the proposed proceedings have reasonable prospects of success. However, there is no guarantee litigation funding will be obtained or that the proceedings will ultimately succeed.
Similar Claims Have Succeeded
The NSW Government has advised the NSW Parliament that 15 civil claims arising from the 2019–2020 Black Summer bushfires have already been settled, including three involving escaped RFS backburns.
Organisers stress that every case depends on its own facts and that those settlements do not determine the outcome of the proposed Grose Valley/Mt Wilson proceedings.
Expressions of Interest Now Open
Hawkesbury Blue Mountains Community Bushfire Alliance spokesperson Kooryn Sheaves said the current focus was identifying the number and scale of uninsured losses suffered by residents, businesses and primary producers.
"We are seeking expressions of interest from anyone who suffered uninsured losses so Mitry Lawyers can demonstrate the scale of the proposed class action to potential litigation funders," Ms Sheaves said.
"If litigation funding is secured, the Supreme Court will determine whether the Rural Fire Service is legally liable for the losses alleged and whether those affected are entitled to compensation."
People registering are being asked to provide their name, email address, the address of the affected property, a brief description of their losses and an estimate of the financial impact.
Losses may include uninsured damage to homes, businesses, orchards, vineyards, livestock, fencing, machinery, tourism enterprises, forestry operations, environmental assets, clean-up costs and any other uninsured losses.
Not Directed at Volunteers
Ms Sheaves acknowledged some residents had expressed concern about participating in legal proceedings involving the Rural Fire Service.
"We understand some people are worried they may be criticised simply for registering their interest," she said. "Many of those considering joining the proceedings are themselves Rural Fire Service volunteers or have close family members who volunteer."
The RFS have stated they do not tolerate bullying or abusive behavior and any person experiencing antisocial behavior can make a compliant that will be investigated.
The litigation is directed at the NSW Government that funds and operates the Rural Fire Service, which in turn directs volunteer fire fighters.
"The Court is the appropriate place to determine whether decisions made in planning and conducting this particular backburn met the required legal standards and whether compensation should be available if liability is established."
She said many residents also hoped the proceedings would help identify lessons from the Black Summer bushfires that could improve bushfire management and better protect communities in the future.
Families Still Living With the Consequences
Among those supporting the proposed proceedings are Margaret and Simon Tadrosse, owners of the iconic Bilpin Fruit Bowl.
The escaped backburn devastated their orchard, destroying almost half their fruit trees, kilometres of protective netting and farm infrastructure, with losses estimated in the millions of dollars.
Mrs Tadrosse, who is coming up for 30 years of service as an RFS volunteer and served as Bilpin RFS Brigade's call-out duty officer during the Gospers Mountain Fire. She described the escaped backburn as "the worst fire I've seen come through Bilpin" and "a very, very angry fire."
The family has spent years rebuilding, hand-planting thousands of replacement fruit trees while also dealing with labour shortages during the COVID-19 pandemic.
At Mount Tomah, Dr Billy Gruner watched the escaped backburn develop into an intense firestorm that swept across his historic property.
Although his home survived, hundreds of rare and valuable specimen trees in his mature arboretum were destroyed after years of careful cultivation.
Dr Gruner says the terrifying experience has left lasting psychological impacts and supports the proposed proceedings in the hope the Court process will determine whether compensation should be available if liability is established and help identify lessons to better protect communities from future bushfires.
Registering an Interest
Residents who suffered uninsured losses as a result of the Grose Valley/Mt Wilson escaped backburn can register an expression of interest through the Hawkesbury Blue Mountains Community Bushfire Alliance.
Expressions of interest will be collated and provided to Mitry Lawyers solely for the purpose of assisting them in assessing the scope of the proposed class action and seeking litigation funding.
How to register
Simply reply to this email with the requested information, or complete the online Expression of Interest form at:Online Form: Grose Valley / Mt Wilson Backburn - Expression of Interest
Disclosure
Kooryn Sheaves is the publisher of the Hawkesbury Gazette and spokesperson for the Hawkesbury Blue Mountains Community Bushfire Alliance, which is assisting in collecting expressions of interest from potential group members. The Gazette maintains editorial independence and publishes this disclosure in the interests of transparency.
The proceedings referred to are before the NSW Supreme Court. The allegations have not been determined, and the NSW Rural Fire Service has not been found liable.
