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Bushfire class action demeans us

One of the worst days in Australia’s history has been followed by an unprecedented outflow of national grief, sympathy and generosity.

Our reaction to this tragedy is a direct reflection of the nation's character, one which has no doubt grown because of this catastrophic event.

All Australians have been moved and united behind the bushfire survivors and the razed towns they now look to rebuild.

Donations of every kind have been sent, including over $120 million to the Red Cross Appeal, a staggering amount in just a week.

The launching of a class action and the "ambulance chasing" by compensation lawyers, who have run advertisements asking for business within days of the tragic bushfires, are insensitive and un-Australian.

Many of those who perished are yet to be identified, but already lawyers want to be a part of the action.

A move to apportion blame in such a way when emotions are so raw will only draw out the agony and grief, according to those who have been through this before.

The increasingly litigious nature of our society is not part of the Australian spirit and undermines those who have rushed to help in the hour of need; the CFA volunteers, the Red Cross, The Salvation Army and the countless people who have given their time to help.

They have not looked to gain in any way, they simply want to assist.

It is natural to want to blame someone or something for such a disastrous event, the Royal Commission and the many inquiries now looking into the fires will do so and governments at all levels have vowed to do everything possible to find answers, rebuild lives and assist people get back on their feet.

Insurance will cover some people to some extent, those who are not insured will receive help in other ways.

And if an individual or organisation is found to have been responsible for a fire, the correct channels will meter out the due punishment.

For compensation lawyers to initiate action while the embers are still hot erodes not only the national character shown by so many, but removes the professionalism of their own kind.

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Date: Newest first | Oldest first
It is up to magistrates to stop this "lag" coming into our society. Is it "jobs for the boys" or don't enough of them have the foresight to see the consequences of these actions? People in Australian society are increasingly less likely to take "responsible" positions, which damages communities.
Posted by rod, 18/02/2009 7:57:26 PM
I agree whole-heartedly with Marius. What a disappointment for those who have done so much to help. The money they had donated should be divided up between ALL the poor people who have suffered (insured or not) and the Governmnents, State and Federal, should look after their own infrastructures, police stations, schools etc. out of their own coffers.
Posted by SupaSue, 19/02/2009 8:02:52 AM
I agree that the legal profession sometimes take unnecessary advantage of situations but if people lost their homes and lives due to the overly pedantic 'non clearing of fire hazards from around your property' laws, then those same councils need to change their attitude and their by laws. If it takes a class action by those who suffered from their terrible judgement then so be it. Take the opportunity to follow the example of the guy who defied them and saved it all.
Posted by aussie, 20/02/2009 8:36:22 AM
We condoned class action to rid society of tobacco smoking. We again need class action now to rid society of "green" policies that turn Brown and BURN. We need to make our country safer. It will never be a safe garden of Eden if we do not take measures to clear trees full of highly flammable eucalyptus oil and consume pastures that will otherwise die off in droughts and burn.
Posted by Common Cents, 23/02/2009 9:15:36 AM
To me the end consequences of all this with the lawyers will be a rising cost in insurance, rising costs on other commodities if they are found to have been a partial cause of the problem. As far as the uninsured then they should only get the same amount that all the community gets from the donations and they should not get any help whatsoever, and don't call me hard hearted. Those people knew the consequences and that is their choice but don't expect me to help them out and yes there may be genuine reasons and I will accept that, but not the ones by choice. Have you worked out how much they have saved by not insuring? Our policy is just over $3,500 per year, work that out over 10 years = $35,000. That money I could have saved would have got me a nice car or holiday. With insurance you can pay monthly and it is not that big amount to find in one go. With not paying the insurance they are not contributing towards the CFA levy and the firefighters do not discriminate when they are fighting fires. Yet they - the uninsured - have benefited either in a good way or bad. I have lobbied for this change for a long while and nothing has been done. In other words it falls on 'deaf ears'.
Posted by Monica, 23/02/2009 9:59:37 AM
Yes, it's a shame that the only way people learn is by being hit over the head with the money stick. You would have thought common sense might prevail given the long-ranging forecasts for unprecedented temperatures this summer, but apparently no one learned from the fires of the Central Coast, Canberra and unless it hits the hip-pocket, no one will learn from these horrific fires either. Councils that forbid the clearing of trees near homes, along roadsides - especially those of the flammable nature of eucalypts should be punished. Governments - State or Federal - that bow down to pressure, from any faction, in a way to cause danger to their citizens should likewise be forced to pay for it. National Parks are costly to run in any country, but priorities must be adhered to - clearing the roadways 10-20 metres back, clearing roadsides, ensuring that housing development is safe and sustainable and can be accessed - and exited - in a reasonably safe and timely fashion, encouraging water collection on properties instead of pretending that the land-owners are somehow 'stealing' rain from the skies by harvesting it in their dams and tanks ... well, the list goes on and on of incredibly short-sighted and stupid decisions made in the last 20 years. For some reason, everyone seems to be fine with the insurance companies decisions to put up insurance premiums despite the fact that for many years they collect money and pay nothing. Consumers take the risk of paying for insurance on the chance they might need it. Insurance companies - whose bottom lines are never low! - should also take the risk that their billions may occasionally have to be paid out. I see no reason why premiums should be increased - other than the usual suspect of endless avarice and greed in this society. Frankly, if the power company lines were poorly maintained due to cost-cutting or some other business reason, then I believe they should pay compensation. It's entirely too easy to abdicate from responsibility - personal, corporate and governmental - these days. It would be refreshing to see some accountability in all of the proceedings.
Posted by TM, 24/02/2009 5:32:20 PM
By all means let them have their class action and day in court, but make sure that all monies from donations and government grants are forfieted as soon as proceedings begin.
Posted by egghead, 25/02/2009 12:09:36 AM
By initiating action promptly these lawyers have ensured that investigations will be carried out with this factor in mind. This is not necessarily a bad thing. It could save a lot of argument later.
Posted by Ted O'Brien., 2/03/2009 1:16:48 PM
The week observed
FarmOnline editor Michael Thomson's observations of the week's major rural news and what it means for rural Australia.
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