The Black Saturday bushfire class actions: Kinglake and Murrindindi
- An external mediator conducted the mediation in the Kinglake Black Saturday bushfire class action
- Mediation resulted in an out-of-court settlement for almost $495 million. The settlement was reached without any admission of liability by any of the defendants.
- The Kinglake dispute settled after the end of the trail, but before a verdict had been returned in the case.
- The Murrindindi action was mediated by Associate Justice Efthim (in an example of internal judge-led mediation conducted through the Supreme Court’s Appropriate Dispute Resolution scheme).
5. The Murrindindi mediation reached a settlement of $300 million. Liability was not admitted.
6. The Murrindindi dispute settled without the need for trial – the matter was referred to mediation while Justice Dixon was hearing the preliminary arguments.
7. According to the Supreme Court, the benefits of the Murrindindi mediation include:
- significant cost and time savings for the community, the legal system and all parties involved
- witnesses and victims being saved the psychological and emotional stress of enduring a lengthy trial
- allowing for a streamlined process
- making full use of the Court’s facilities and expertise in complicated class actions