Bushfire recovery through class action litigation

Climate change is increasing the frequency and intensity of bushfires. In the absence of private insurance, those who suffer losses in bushfires have few options available to support their recovery. In recent years, class actions have followed most of the large fire events. Bushfire class actions of...

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Bibliographic Details
Published in:	UNIVERSITY OF TASMANIA LAW REVIEW Vol. 40; no. 1; pp. 33 - 67
Main Authors:	Georgina Barnes, Jan McDonald
Format:	Journal Article
Published:	01-07-2021
Subjects:	Actions and defenses (Administrative law) Class actions (Civil procedure) Climatic changes Community development Compensation (Law) Law and legislation Prevention and control Social aspects Wildfires AUSTRALIA
Online Access:	Get full text
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Summary:	Climate change is increasing the frequency and intensity of bushfires. In the absence of private insurance, those who suffer losses in bushfires have few options available to support their recovery. In recent years, class actions have followed most of the large fire events. Bushfire class actions offer some hope of compensation but claimants face numerous hurdles in securing the compensation needed for prompt recovery. We identify the issues that arise in deciding whether to pursue and settle a bushfire class action, opportunities for improvement, and potential alternatives. We conclude that despite their shortcomings, class actions nonetheless provide a critically important mechanism for enabling individuals and communities to recover from bushfire.
Bibliography:	UNIVERSITY OF TASMANIA LAW REVIEW, Vol. 40, No. 1, July 2021, 33-67 Informit, Melbourne (Vic)
ISSN:	0082-2108