A DAMAGES tally in excess of $20 million could result from a legal class action being taken against Greater Hume Council over the 2009 Gerogery bushfires.
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The council is being accused of negligence over its management of the Walla tip, which was the ignition point for the fire which destroyed five homes, burned six vehicles and killed 1005 sheep and 173 cattle.
Gerogery resident Sharon Weber is the lead plaintiff in the action against Greater Hume, which began last December, and has seen the Supreme Court of NSW allocate an Albury trial starting date of April 3, 2017.
Warrnambool-based Maddens Lawyers, who also acted in a class action involving the Beechworth Black Saturday fires, is representing an estimated 40 Gerogery claimants.
Its principal, Brendan Pendergast, said upwards of 60 properties were believed to have been affected by the Gerogery fire.
A full-page advertisement in Thursday's Border Mail called on those not wanting to be part of the group to opt out by July 15.
Mr Pendergast said he was not required to specify a damages figure in a statement of claim but he believed it would be substantial.
"We expect damages could exceed $20 million, I would say that is a conservative estimate," Mr Pendergast said.
The statement of claim alleges the council was negligent in its management of the tip and failed in its duty of care to the community.
It cites the lack of an effective fire break around the tip's perimeter, the failure to construct fire breaks around different waste types and the lack of adequate of consolidation of waste into designated areas.
It also states works to consolidate waste were reduced from weekly to fortnightly five months before the December 17 fire and there was a failure to remove trees, dry grass and high grass in the lead up to the blaze.
It’s claimed Ms Weber lost all of her personal property and two pet dogs in the fire.
In a defence lodged with the court, Greater Hume "denies the risk of a fire spreading from the Walla Walla Rubbish Tip to surrounding properties and beyond was a risk which was reasonably foreseeable".
It says a person other than the council was responsible for the construction and maintenance of a fire break around the tip.
The shire's general manager Steve Pinnuck said the claim had been given to the council’s insurers and they had carriage of the legal case.
"It's a matter of seeing what unfolds, as a local government authority we would be guided by the advice of our insurers' legal representatives," Mr Pinnuck said.
The Walla tip never reopened after the fires.
