Black Saturday bushfire victims waiting for class action pay-out figures seven years after the 2009 disaster, risk a $5000 review cost if they unsuccessfully contest the lawyer’s assessments.
The Kilmore East-Kinglake Bushfire Class Action Settlement claimants have been told by lawyers Maurice Blackburn to pre-pay a $1200 bond within 14 days if they wish to challenge the loss figure that has been assessed for them.
Any request for a review has to be lodged by August 29. “If the review is unsuccessful, you will be responsible to pay the costs of the review, which is fixed at $5000,” the lawyers told the victims in a letter received this month.
The lawyer’s letter is signed by Andrew Watson, Scheme Administrator. Mr Watson has outlined final notices of assessment to the bushfire victims who have claimed economic loss and property damage.
Mr Watson cautioned the potential recipients, who must pay until late 2016 or even 2017 to receive their payments, that the figures quoted in the lawyer’s letters are “only indicative”.
“We would strongly advise that you defer making any financial decisions or otherwise relying upon any estimated entitlement percentage, until the end of the assessment process at which time the compensation to which you are entitled will be known and explained to you,” Mr Watson says.
Mr Watson says people asking for a review face the risk that the assessment amount may be lower than that in the current Notice of Assessment.
“The review as_sessment will be binding on you, even if it is lower than the original assessment,” claimants are being told.
“Once all economic loss and property damage claims have been assessed, we will be in a position to confirm the exact in-hand figure you will receive and pay you this amount.
It is anticipated that payments will be made towards the end of 2016 or early 2017. “Of course, if it is possible to distribute the settlement funds earlier, we will do so,” says Mr Watson.
Article first published as “$5000 at risk to dispute lawyers” The Local Paper, July 27, 2016, p.5
