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Insurers may join ACT bushfire litigation

Insurance companies may join a class action against the ACT and NSW governments over the 2003 Canberra bushfires.

Four separate groups representing insurers which have already paid out on bushfire claims are now suing the governments in the name of more than 3000 people. They filed claims last month.

Lawyers for the ACT and the state of NSW told a directions hearing in the ACT Supreme Court last week they want the groups to form part of the main trial set to start in July as fighting the cases twice will be a big cost to the public purse.

The main trial is expected to last at least three months and involve more than 100 Canberra litigants who have varying claims including personal injuries, psychological damage or lost property or business that was uninsured.

Senior Counsel John Harris, who is representing them, told insuranceNEWS.com.au the litigants have been fighting this case for many years now and, as it’s a complicated case both factually and legally, there has been a massive amount of work.

“We would like the insurers to be involved but we don’t want to be delayed so it’s a conditional yes,” he said. “It would’ve been wonderful if the insurance companies had been in on it from the beginning so the whole thing was properly funded.”

Mr Harris is hopeful another directions hearing will be set in the next three weeks but it is still a matter of identifying all the parties and having them available on the one date.