Adelaide Hills residents to take power company to court over Cudlee Creek fire

A report by the state government's Office of the Technical Regulator said the fire was likely caused by a large pine tree falling onto powerlines.

But the OTR cleared SAPN of any wrongdoing as it "could not identify any indicators that could have enabled a reasonable person to identify this tree failure prior to the event".

"The OTR determined that the tree fell at a distance greater than the minimum clearance distance required by the Electricity (Principles of Vegetation Clearance) Regulations 2010," it said.

In a statement, SAPN said it would be defending its actions, after acting accordingly with its bushfire and vegetation management procedures and equipment settings in the lead-up to and on December 20, 2019.

But Maddens Lawyers, which is handling the class action, says the report does not exonerate SAPN and its claim relates to the "inadequacy" of the power company's fault protection settings.

"On powerlines there are fault protection devices (reclosers) and if there's a fault, those devices de-energise or trip the line, but can also re-energise if conditions are not considered dangerous," special counsel Brendan Pendergast said.

"This can happen up to three times, where these devices open and close, but they can be adjusted so that they either only trip once or the sensitivity to a fault is adjusted.

"The day of the Cudlee Creek fire was the fourth consecutive catastrophic bushfire day in the Adelaide Hills. So if a power company was ever going to adjust those fault protection devices, this either should have been the day, or any of the three days prior."

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The OTR report concluded the recloser settings were "in accordance with the established procedures, taking into account forecast and actual conditions on the day".

"It cannot be determined if the fire was started on the initial trip or the second trip," the report said.

But Mr Pendergast said they believed it "should have only been able to trip once on a day like that".

As to making the device too sensitive and causing widespread power outages, Mr Pendergast said it was a "balancing act".

"But if you had your time again, would you choose a temporary power outage or the outcome of the bushfires?" he said.

The blaze claimed one life, destroyed nearly 100 homes and burnt through 23,000 hectares of farmland, vineyards and orchards. Property damages estimated to exceed $150 million.

Mr Pendergast said since announcing the Cudlee Creek class action, there had been a "significant" groundswell of inquiry

"We know there is about 1000 people impacted by this fire, so we encourage people to register on our website so we can keep them informed," he said.

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Woodside resident and lead plaintiff Kris Thrower felt SAPN needed to be held accountable for its infrastructure allegedly setting the fires in motion.

"If you supply a utility and infrastructure and take money for that service - you are solely responsible for the impact they have on the surroundings," he said.

Mr Thrower lost almost everything on his 13-hectare property overlooking the Woodside township.

"It was a very scary day, we literally ran for our lives with our horse, alpacas and other pets in tow," he said.

"We had only just moved, after making the tree change from Adelaide, so all our hopes and dreams were destroyed that day.

"We are starting to finally see our house get rebuilt, but it has all been very traumatic and I personally don't have any closure on it."

Tilbrook Estate owner James Tilbrook is also in the throes of a cellar door rebuild at Lenswood, but said the mental, physical and financial stress was compounding.

They lost their winery and the majority of their 4ha vineyard in the fires.

"We didn't harvest any fruit last year and we'd be lucky to have a tonne from this year's vintage. Normally we would harvest 25t," he said.

"It could take another four years to even get close to our capacity. There is still a hell of a lot of work to be done and we are tired."

But the new cellar door was something the family looked forward to opening for tastings by Easter.

"We will be able to offer our 'Hope' wine, which was made last vintage through donated and bought grapes," he said.

"We can't wait to one day be able to offer wine made from our own grapes in our own winery on-farm."

Mr Tilbrook plans to register for the class action because of the toll it has taken on himself and his family.

"I don't think people realise how much we aren't even close to recovering," he said. "Then there's the mental health toll - I never thought I would still be so triggered this long after the event."

Woodside commercial grapegrower Craig Paschke also registered his interest in the class action. He lost the majority of his income when 80 per cent of his vineyard was wiped out in the fires.

"Of the remaining vines, we think that maybe 60pc will have to be replanted, along with replacing all the infrastructure," he said.

"But the cost of that infrastructure is only small compared to the loss of income we will have the next five years trying to get re-established. And to lose everything for something that wasn't our fault is a tough pill to swallow."

Maddens Lawyers is also handling the Yorketown bushfire class action, which is alleged to have been started by a fault in a transformer operated by SAPN.

Again, the OTR concluded SAPN did not breach its "maintenance or operations" responsibilities surrounding the November 20, 2019 fire.

Mr Pendergast said that case was headed for court-ordered mediation in late April, while the firm was also trying to advance a class action after the 2018 Sherwood fire in the Upper South East.