Wednesday, February 18, 2009

The largest class action in Victorian history was commenced at the Supreme Court of Victoria on Friday the 13th by Slidders Lawyers against electricity distribution company SP AusNet and the Brumby Government in relation to the Kilmore East fire that became part of the Kinglake complex.

Because of the lawsuit, SP AusNet SPN.AX’s shares on Monday have dropped more than 13.36 per cent or 14.5 cents, to an intra-day low of 94 cents, was at 98.5 cents at 10:38 a.m. local time, before recovering slightly to be 7.5 cents lower at A$1.01 by 1144 AEDT (0003 GMT) or 6.9 percent in Sydney trading. Shares in SP AusNet closed 3.7 percent lower at A$1.045 on Monday.

Power supplier SP AusNet said it has asked the Victoria Court regarding the status of the class action proceedings saying the firm had insurance policies in place consistent with industry standards. “SP AusNet will continue to update the market as further information becomes available,” the company said.

The claim has focused on alleged negligence by SP AusNet in its management of electricity infrastructure. It maintains most of the power lines in eastern Victoria. Its fallen power line is believed to have sparked the blaze that tore through Kinglake, Steels Creek, Strathewen, Humevale, and St Andrews. The plaintiffs include thousands of angry Kinglake farmers, small business owners, tourist operators and residents who lost homes.

Leo Keane, the lead plaintiff in the class action has alleged “SP AusNet owed a duty of care to landowners to operate and manage power lines in a way that limited the risk of damage from bushfires.”

On Thursday Phoenix Taskforce had taken away a section of power line as well as a power pole from near Kilmore East, part of a two-kilometre section of line in Kilmore East that fell during strong winds and record heat about 11am last Saturday. It was believed to have started the fire there, since within minutes a nearby pine forest was ablaze, and within six hours the bushfire had almost obliterated nearly every building in the towns in its path.

“It is believed that the claim will be made on the basis of negligent management of power lines and infrastructure,” Slidders Lawyers partner Daniel Oldham said. The law firm has announced it was helping landowners and leaseholders get compensation for the 2003, 2006, 2007 and 2009 bushfires. “If you have been burnt by the recent bushfires, please register your interest using the form below as soon as possible,” the law firm’s website stated.

The Insurance Council of Australia has placed the cost of the bushfires at about $500 million. “That means keeping electricity lines clear of trees and in a condition that won’t cause fires. They must also have systems in place to identify and prevent risks occurring,” Melbourne barrister Tim Tobin, QC, said. According to the 2006 census, Kinglake had a population of almost 1,500 people.

But SP AusNet’s legal liability has been limited at $100 million under an agreement inked by the former Kennett government with private utility operators, when the former State Electricity Commission was privatized in 1995. Accordingly, the Brumby Government could be legally obliged to pay damages of the differences amounting to hundreds of millions of dollars.

SP AusNet Ltd said some of its electricity assets have been damaged by the Victoria bushfire. “As a preliminary estimate, it is thought that damage has been sustained to approximately one per cent of SP AusNet’s electricity distribution network, mainly distribution poles, associated conductors and pole top transformers,” SP AusNet said in a statement to the Australian Securities Exchange (ASX). It explained that up to 6,000 homes and businesses on its network were without power due to bushfires, including the Kinglake complex fire, Beechworth fire, and fires across Gippsland including Churchill and Bunyip.

SP AusNet said the firm will cooperate fully and will assist in any fire probe. “We stand ready to assist the relevant authorities with their inquiries if it is necessary for us to do so now and in the coming months,” SP Ausnet spokeswoman Louisa Graham said in a statement.

“Our priority is to restore power to fire-affected areas as quickly as possible. We believe the claim is premature and inappropriate … SP AusNet will vigorously defend the claim. If the claim is pursued, SP AusNet advises that it has liability insurance which provides cover for bushfire liability. The company’s bushfire mitigation and vegetation management programmes comply with state regulations and were audited annually by state agencies,” Grahams explained.

Victorian Auditor-General Rob Hulls said “there was an ‘unseemly rush’ by some lawyers to sue before the cause of the fires had been fully investigated.”

“The government body had audited the network’s bushfire risk to make sure required distances between power lines and vegetation were maintained. Power companies had been given a clean bill of health, and electricity firms were judged to be ‘well prepared for the 2008-09 bushfire season.’ There were no regulations applying to the distances between poles supporting electricity lines and spans of one kilometre were not unusual,” a spokesman for Energy Safe Victoria explained.

Christine Nixon, the 19th and current Chief Commissioner of Victoria Police said investigations into the cause of the bushfires were ongoing. “I know people are angry, and so are all of us in this community. But we need to kind of have a sense that the proper processes are in place and we need to go through the investigation and through the court case,” Nixon said. “At this stage we are not able to confirm how it started. I understand there is some legal action that people are taking, but at this stage we’re still investigating its cause. But the whole circumstances of that fire are part of our Taskforce Phoenix, and as we move through that we’ll be able to tell the community more once we’re able to confirm or deny what we think is the cause of these fires,” Nixon added.

On Thursday, two people were arrested in connection with the fires, having been observed by members of the public acting suspiciously in areas between Yea and Seymour; although they were both released without charges laid.

Brendan Sokaluk, age 39, from Churchill in the Gippsland region, was arrested by police at 4pm on Thursday, in relation to the Churchill fires, and was questioned at the Morwell police station. He was charged on Friday with one count each of arson, intentionally lighting a bushfire and possession of child pornography. The arson case relates to 11 of the 21 deaths in the dire Gippsland fire, which devastated 39,000 hectares in the Latrobe Valley, Calignee, Hazelwood Koornalla and Jeeralang. Two teams of Churchill firefighters were almost lost in the inferno that remains out of control.

Mr Sokaluk joined the CFA Churchill brigade in the late 1980s as a volunteer fire fighter, left in the 1990s and attempted to rejoin twice, but was rejected. He failed to appear in Melbourne Magistrate’s Court Monday for a scheduled hearing, since the court reset the committal hearing on May 25. He is represented by lawyer Julian McMahon.

Magistrate John Klestadt has lifted the suppression order which kept the suspect’s identity a secret but identifying photographs were barred from being released. Mr Sokaluk was remanded in protective custody from Morwell to a cell in Melbourne for his own safety amid fears angry prisoners will target him and real risk of vigilante attacks. He faces a maximum sentence of 25 years imprisonment if convicted on the arson charge.

“This is an extraordinary case. The level of emotion and anger and disgust that the alleged offenses have aroused in the community is unprecedented.” Mr Sokaluk’s defense lawyer Helen Spowart argued. The prosecution has moved the Court for more time to prepare its case, saying there would be up to 200 witnesses to interview.

Slater & Gordon has indicated that they were awaiting the report of the to-be-established Royal Commission, expected in late 2010, before initiating any claims.

Armed with a $40 million budget, the Royal Commission’s Chair Justice Bernard Teague will be assisted by former Commonwealth ombudsman Ron McLeod, who led the inquiry into the 2003 Canberra bushfires, and State Services Authority Commissioner Susan Pascoe. The Commission has said its interim report is due on August 17 while the final report will be submitted by July 31, 2010.

Judge Bernard Teague has announced Tuesday he will meet with fire victims and fire authorities within the next two weeks. “We want to do that as soon as possible – probably not next week but starting to have these discussions the week after,” he said.

Julia Eileen Gillard, the Deputy Prime Minister of Australia and deputy leader of the federal Australian Labor Party (ALP) said the federal and Victorian governments would respond quickly to the royal commission’s report. “Everybody who has lived through this experience in Victoria and around the nation has asked the question: ‘Why? What can we do better?’. No one wanted to see the report “as a book on a shelf gathering dust,” she said.

Victoria bushfire experts, led by Forest Fire Victoria – a group of scientists and forestry experts – have condemned the government’s “Living with Fire” policy and the state’s failure to initiate serious fuel-reduction programs. The Victoria government had failed to seriously act on bushfire safety recommendations submitted last June by the Victorian Parliamentary Environment and Natural Resources Committee.

As death toll rises, evidence mounts of lack of planning prior to Australia’s worst bushfire. “Living with Fire” policy means Kinglake fire trucks were dispatched to an earlier fire in Kilmore, leaving Kinglake undefended. “Kinglake was left with no fire brigade and no police. The trucks had been sent to Kilmore. I’ve been in the fire brigade for 10 years. There was always a law—the trucks had to be on the hill. Because of the government we got gutted at Kinglake. They should have been getting generators ahead of the fire—so people would have had a chance of fighting it. As soon as the power went, I couldn’t keep fighting the fire at my place,” Rick and Lauren Watts, and their friend Neil Rao, spoke to the WSWS.

Rick has also criticized the lack of early warning communications systems, since emergency siren warnings in the town had been stopped some years earlier. Humevale resident Sina Imbriano who has six children was angry about the failure of state and federal governments to set up a recommended telephone warning system amid its “stay and defend or go” policy. Bald Spur Road residents Greg Jackson and his wife Fotini said the government’s “stay and defend or go” policy was “fruitless” since the critical issue was early warnings, but “they [the government] just won’t spend the money.”

Also on Friday, five law firms from Victoria’s Western Districts, including Warrnambool-based Maddens Lawyers and Brown & Proudfoot, held a meeting to discuss a potential class action in relation to the Horsham fire, which was also thought to have been started by fallen power pole that burnt vast swathes of land in Mudgegonga and Dederang, Victoria. The lawsuit will also focus on the fire that blackened about 1750 hectares at Coleraine.

Maddens senior attorney Brendan Pendergast said: “We don’t know who the defendant is at this stage. We are unsure who the electrical supplier is for that area but we should know in a few days. There were people who had their homes burnt to the ground and they will need to reconstruct, replace their contents,” he said. Maddens has initiated a register of affected landowners for the recent bushfires, saying the firm has included victims of the Pomborneit fire that burnt almost 1300 hectares in the proposed class action amid the CFA’s statement the blaze could have been deliberately lit.

Frances Esther “Fran” Bailey, Liberal member of the Australian House of Representatives (1990-93 and 1996-present), representing the electorate of McEwen in Victoria said the Country Fire Authority (CFA) had told her one of the power lines had broken before the fire.

“The local CFA [Country Fire Authority] told me on that Saturday, with those very high winds, one of the lines had broken and was whipping against the ground and sparked,” she said. “Whether or not that is the cause of that terrible fire that actually took out Kinglake and maybe Marysville, the investigations will prove that, but we’ve got to do better,” she added.

Victorian Premier John Brumby said the power line claim would be examined as part of the Royal Commission into the bushfire. “No stone will be left unturned. So, I think it’s important the Royal Commission does its work. And, the Royal Commission will, of course, look at all of the factors with the fires,” Mr Brumby said. At least 550 houses were incinerated and 100 people have been killed, leaving more than 1,000 homeless in the Kinglake bushfire and surrounding areas.

SP AusNet – Singapore Power International Pte Ltd is a wholly-owned subsidiary of Singapore Power Limited (51% interest in SP AusNet). SP AusNet’s electricity transmission and distribution networks, along with the gas distribution assets, enable it to deliver a full range of energy-related products and services to industrial and domestic customers in Victoria, Australia.

Singapore Power ( ?????????) is a company which provides electricity and gas transmission, distribution services, and market support services to more than a million customers in Singapore. As the only electricity company in Singapore, and also one of its largest corporation, SP was incorporated as a commercial entity in October 1995 to take over the electricity and gas businesses of the state provider, the Public Utilities Board. Since 1995, Temasek Holdings controls the entire company with a 100% stake. SP is involved in a major investment in Australia‘s Alinta in partnership with Babcock & Brown, after putting up a bid of A$13.9 billion (S$17 billion), beating out a rival bid by Macquarie Bank.

The devastating 2009 Victorian Black Saturday bushfires, a series of more than 400 bushfires across Victoria on February 7 2009, is Australia’s worst-ever bushfire disaster, claiming at least 200 deaths, including many young children, and is expected to pass 300. 100 victims have been admitted to hospitals across Victoria with burns, at least 20 in a critical condition, and 9 on life support or in intensive care. The fires have destroyed at least 1,834 homes and damaged many thousands more. Many towns north-east of Melbourne have been badly damaged or almost completely destroyed, including Kinglake, Marysville, Narbethong, Strathewen and Flowerdale. Over 500 people suffered fire-related injuries and more than 7,000 are homeless. It has scorched more than 1,500 square miles (3,900 square kilometers) of farms, forests and towns.

The Supreme Court of Victoria is the superior court for the State of Victoria, Australia. Founded in 1852, it is a superior court of common law and equity, with unlimited jurisdiction within the state. Those courts lying below it include the County Court of Victoria, the Magistrates’ Court of Victoria and the Victorian Civil and Administrative Tribunal (which is technically not a court, but serves a judicial function). Above it lies the High Court of Australia. This places it around the middle of the Australian court hierarchy.

Tuesday, March 29, 2005A team of Australian surgeons yesterday reattached both hands and one foot to 10-year-old Perth boy, Terry Vo, after a brick wall which collapsed during a game of basketball fell on him, severing the limbs. The wall gave way while Terry performed a slam-dunk, during a game at a friend’s birthday party.

The boy was today awake and smiling, still in some pain but in good spirits and expected to make a full recovery, according to plastic surgeon, Mr Robert Love.

“What we have is parts that are very much alive so the reattached limbs are certainly pink, well perfused and are indeed moving,” Mr Love told reporters today.

“The fact that he is moving his fingers, and of course when he wakes up he will move both fingers and toes, is not a surprise,” Mr Love had said yesterday.

“The question is more the sensory return that he will get in the hand itself and the fine movements he will have in the fingers and the toes, and that will come with time, hopefully. We will assess that over the next 18 months to two years.

“I’m sure that he’ll enjoy a game of basketball in the future.”

The weight and force of the collapse, and the sharp brick edges, resulted in the three limbs being cut through about 7cm above the wrists and ankle.

Terry’s father Tan said of his only child, the injuries were terrible, “I was scared to look at him, a horrible thing.”

The hands and foot were placed in an ice-filled Esky and rushed to hospital with the boy, where three teams of medical experts were assembled, and he was given a blood transfusion after experiencing massive blood loss. Eight hours of complex micro-surgery on Saturday night were followed by a further two hours of skin grafts yesterday.

“What he will lose because it was such a large zone of traumatised skin and muscle and so on, he will lose some of the skin so he’ll certainly require lots of further surgery regardless of whether the skin survives,” said Mr Love said today.

The boy was kept unconscious under anaesthetic between the two procedures. In an interview yesterday, Mr Love explained why:

“He could have actually been woken up the next day. Because we were intending to take him back to theatre for a second look, to look at the traumatised skin flaps, to close more of his wounds and to do split skin grafting, it was felt the best thing to do would be to keep him stable and to keep him anaesthetised.”

Professor Wayne Morrison, director of the respected Bernard O’Brien Institute of Microsurgery and head of plastic and hand surgery at Melbourne’s St Vincent’s Hospital, said he believed the operation to be a world first.

Saturday, March 7, 2009

After almost two months of delay, NASA has set March 11 as the launch date for Space Shuttle Discovery. On February 22, NASA had stated that they indefinitely delayed the launch of Space Shuttle Discovery, which was originally scheduled for takeoff on February 12. Launch was then further delayed until February 25 before being delayed indefinitely on February 22. NASA cited the need for additional time to evaluate the shuttle’s hydrogen fuel flow control valves.

Liftoff is set for nighttime on Wednesday, March 11, at approximately 9:20 p.m. (EST) from Launch Complex 39A in Cape Canaveral, Florida. The official countdown to launch will commence Sunday, March 8.

“The team came through, worked hard and was efficient. It’s time now to step back and think of everything else we need to watch before launch on the 11th. There’s no better team than this one and I thank them for putting the right analysis together,” said Bill Gerstenmaier, associate administrator for Space Operations at NASA.

NASA wanted to perform additional tests on the valves which control the amount of hydrogen fuel pumped into the external tank when the shuttle is taking off before making a decision to launch. When Space Shuttle Endeavour went into space in November 2008, one of the valves broke. NASA fears that if one breaks off on this mission, then it could damage the outside of the shuttle.

The current scheduled mission, STS-119, is set to fly the Integrated Truss Structure segment (“S” for starboard, the right side of the station, and “6” for its place at the very end of the starboard truss) and install the final set of power-generating solar arrays to the International Space Station. The arrays consist of two 115-foot-long arrays, for a total wing span of 240 feet, including the equipment that connects the two halves and allows them to twist as they track the sun. Altogether, the four sets of arrays can generate 84 to 120 kilowatts of electricity – enough to provide power for more than 40 average homes.

Commander Lee Archambault will lead Discovery’s crew of seven, along with Pilot Tony Antonelli, and Mission Specialists Joseph Acaba, John Phillips, Steve Swanson, Richard Arnold, and Japan Aerospace Exploration Agency astronaut Koichi Wakata.

Wednesday, May 20, 2009

The nuclear reactor at Chalk River, Ontario in Canada was shut down on Thursday, May 14 by the Atomic Energy of Canada Limited (AECL) due to a leak of heavy water. Government officials say that by Saturday the demand for medical isotopes will no longer be met, due to the shortage caused by the closure.

Medical isotopes are used in diagnostic procedures for cancer, heart disease and other medical conditions. When radioactive isotopes are injected into the body, radiologists can view higher radiation via medical imaging, enabling them to make a more accurate diagnosis.

Estimates suggest that the reactor will be shut down for approximately one month for repairs. The Chalk River Laboratories produce 33% of the international supply of medical isotopes.

Lisa Raitt, Natural Resources Minister said, “A secure supply of medical isotopes is not only an issue for Canada, it is an international issue that is being addressed co-operatively by all isotope-producing countries.”

“It may mean that if you have an elective study booked … that patient is going to be deferred and will have to wait until the situation is resolved. I’m reasonably confident that for most patients, if they’re having an acute problem, that problem is going to be dealt with – and the greater the acuity, the more likelihood it’s going to be dealt with quickly and expeditiously,” said Dr. Karen Gulenchyn, a nuclear medicine expert.

“The government of Canada is engaging international isotope producers as well as companies such as MDS Nordion, Lantheus, and Covidien, who all play key roles in securing medical isotope supply for North America,” said Raitt and Health Minister Leona Aglukkaq.

In December 2007, the 52-year-old reactor was shut down and the Canadian House of Common stepped in to restart the reactor.

Wednesday, April 1, 2009

According to the payroll services company ADP, United States private sector employers cut 742,000 jobs in in March. The figures were almost 80,000 more than the average analyst prediction of 663,000 losses. This is the largest monthly payroll decline since January 2001, when the ADP began tracking job activity.

ADP also updated its job loss statistics for February, from 697,000 to 706,000.

“The sharp employment declines among medium- and small-size businesses indicate that the recession continues to spread aggressively beyond manufacturing and housing-related activities to almost every area of the economy,” said Joel Prakken, the chairman of the company that conducts the ADP survey, Macroeconomic Advisors LLC.

“Despite some recent indications that stock prices, consumer spending, and housing activity may be bottoming out, employment, which usually trails overall economic activity, is likely to remain very weak for at least several more months,” he added.

The US Labor Department‘s report for employment statistics for March is due to be out on Friday. Analysts predicted that the department will announce the unemployment rate increased to 8.5% with 660,000 jobs eliminated in March. However, the bad news from ADP has prompted some to think that the current forecasts are too optimistic.

Thursday, August 20, 2015

Former U.S. Commissioner of Internal Revenue Mark Everson took some time to talk with Wikinews about his campaign for the U.S. Republican Party’s 2016 presidential nomination.

Everson served as Commissioner of Internal Revenue, the administrative head of the Internal Revenue Service (IRS) from 2003 to 2007, during the George W. Bush administration. After his departure, he briefly served as CEO of the American Red Cross, worked in the cabinet of Indiana governor Mitch Daniels, and worked for the tax consulting firm alliantgroup. He announced his candidacy this past March with a sixteen-page open letter in which he outlined the six pillars of his campaign: amnesty for illegal immigrants, reinstatement of the military draft, a promise to serve only a single presidential term, and calls for tax reform, deficit reduction, and corporate responsibility.

He was excluded from the August 6 Fox News Republican presidential debate and has been excluded from most presidential polls. However, he is listed on the Republican Party’s website as one of 18 candidates and filed a Federal Election Commission (FEC) complaint against Fox News for his exclusion from the August 6 debate.

With Wikinews reporter William S. Saturn?, Everson discusses his 2016 campaign, the media blackout of his campaign, and his views on the presidency and the possible Everson administration.

Monday, December 31, 2007

What would you tell your grandchildren about 2007 if they asked you about it in, let’s say, 20 year’s time? If the answer to a quiz question was 2007, what would the question be? The year that you first signed on to Facebook? The year Britney Spears and Amy Winehouse fell apart? The year author Kurt Vonnegut or mime Marcel Marceau died, both at 84?

Let’s take a look at some of the international stories of 2007. Links to the original Wikinews articles are in bold.