Pro bono legal assistance for fire victims

CHRIS BOUNDY, MANAGER OF ACCESS SERVICES, LEGAL SERVICES COMMISSION

Ihave witnessed first-hand the despair, the damage and the legal difficulties that fire can inflict on people’s lives and property, having lost my own home in the Adelaide Hills when it was destroyed by a blaze more than twenty years ago. I am acutely conscious of the risk of fires, and the lasting damage they can inflict.

Last summer’s catastrophic bushfires again highlighted the courage of SA firefighters and the life-changing contribution they make to our community in a time of crisis. Their bravery is extraordinary, their role is fundamental.

After the bushfires of summer 2019-20 were extinguished by these firstresponders, SA lawyers stepped up to play their part in the rebuilding efforts. The Law Society maintains a register of practitioners who voluntarily provide free legal assistance to victims of disasters. In addition, the Legal Services Commission delivers legal advice, information and minor assistance to those affected by bushfires. This legal aid also takes the form of referrals to the legal assistance that can be provided via the Law Society and through Community Legal Centres.

The legal help provided by the Legal Services Commission is delivered through its websites, face-to-face legal advice appointments (prior to the pandemic) and its legal advice Help Line (a service that handles more than 65,000 calls per year). In addition, Legal Chat is a feature that enables people to obtain legal information via a web chat conversation with Commission lawyers about a range of common legal issues, including those associated with the fires.

BUSHFIRE LEGAL ISSUES

Bushfire-related legal problems are many and varied, and can include matters such as insurance claim disputes, and landlord and tenancy disagreements. Matters can relate not only to property damage caused directly by fire but also to additional losses due to the impact of storm damage on unprotected dwellings or thefts from those properties.

The Commission has handled many legal enquiries about Centrelink benefits and other financial hardship options for individuals and small businesses still dealing with debt or income difficulties. There have also been enquiries regarding employment law protections for workers who assist with bushfire management measures.

The bushfires destroyed a significant number of vital personal documents, and SA lawyers have provided important advice and assistance to ensure the swift replacement of these documents. They include insurance paperwork, tenancy agreements, drivers’ licences, property documents, Medicare cards, and certificates relating to birth, death, marriage or a change of name.

CURRENT AND EMERGING TRENDS

Many civil law issues related to the destruction have become evident and more pressing well after the initial impact of the bushfires has passed. It is expected that the need for assistance will continue for the next twelve to eighteen months. For example, Commission lawyers continue to receive regular enquiries about business interruption insurance for a business that had been destroyed by the fires, a liability insurance query relating to a property owner’s trees that had fallen on power lines and sparked a fire, and an inquiry about insurance coverage for the loss of a birds that perished in the bushfire. insurance disputes. They often relate to the wording and coverage of policies, the valuations involved in insurance assessments, and the extent of coverage in situations where an event or a holiday was cancelled due to the fires.

Fencing disputes are not uncommon. We have handled plenty of questions about the circumstances in which urgent repairs can be undertaken, and about who should pay for the replacement or repair of a shared fence damaged by fire.

The bushfires also raised family law issues for separated parents who had to make decisions about the care of children in circumstances where one parent lived in a fire danger area or had been impacted by the bushfires.

Although most concerns have been expressed by individuals, we have been contacted by volunteer organisations with questions about the collection and distribution of donations, particularly monetary sums.

HIGHLIGHTING THE HELP OF LAWYERS

Lawyers are just one piece of the puzzle when it comes to addressing the many problems caused by bushfires and their aftermath. It remains vital, however, that South Australians know about the free legal help that is available from both the Law Society and the Legal Services Commission. This legal assistance can play an important part in rebuilding the lives of people whose health, property, families and livelihoods were impacted by last summer's terrible events

Insurance requests account for majority of inquiries to Law Society

Of the enquiries for bushfire legal assistance that came directly to the Law Society, 70% were in relation to insurance. While several callers asked for assistance with home and contents insurance following their fire-damaged properties, other insurance related queries concerned matters such as claiming business interruption insurance for a business that had been destroyed by the fires, a liability insurance query relating to a property owner’s trees that had fallen on power lines and parked a fire, and an inquiry about insurance coverage for the loss of a birds that perished in the bushfire.

The Society also fielded requests for property advice regarding the provision of emergency accommodation for displaced bushfire victims, employment advice regarding an employer's inability to pay staff due to losses caused by the bushfires, and advice regarding the rebuilding of fencing.