Christopoulos, Andrew --- "President's page: A difficult start to the new decade" [2020] PrecedentAULA 2; (2020) 156 Precedent 3

---

A CHALLENGING START TO THE NEW DECADE

By Andrew Christopoulos

It is with a heavy heart that I begin my message in this edition.

Unprecedented bushfires have ravaged many regions across Australia, taking lives and destroying property and livelihood.

My family was one of the fortunate ones, but for many the devastation and loss has been profound.

The process of recovery and rebuilding begins.

In times like these we bear witness to the best and worst of our community. Where the delivery of services and access to infrastructure are disrupted, the rule of law is sometimes ignored; some fill their vehicles with petrol and leave without payment, others loot from the homes and businesses of the vulnerable. Gratefully, those who choose to exploit the situation are in the minority.

Having chosen to evacuate our property on the South Coast of NSW, my family like many others became stranded on the Princes Highway when the fires moved northeast, taking most of the Conjola township with them. While an eight hour overnight stay in a motor vehicle is a significant test of patience for any evacuee, it is also a good opportunity to restore faith in your fellow human beings. Like many other stranded motorists, we were embraced by the local town folk of Milton and Ulladulla, with offers of food, water and facilities. These people face their own economic challenges at the best of times, but their generosity and support revealed a community spirit that is the best of who we are as Australians.

On the topic of exemplary behaviour, thanks should also be extended to several insurers who have risen to the occasion. One of the inadvertent consequences of the fires was sustained power outages. At a time when businesses were stocked for the tourist season and homes were laden with Christmas fare, the spoilage and waste of produce was significant. For those insurers who have foregone the requirement for excesses to be paid in order for family homes to be restocked with food, congratulations are well-deserved. For those other insurers who have continued to insist on the payment of an excess (effectively frustrating the ability of many to restock the family fridge), it is time to reconsider their corporate and social responsibilities in such times of need.

One of the most devastating consequences of these past weeks is the psychological impact, not just on the individuals and communities directly affected by the bushfires, but also on those who have inhaled the smoke, peered through the haze or viewed the unfolding tragedy on their screens. The sense of loss, whether personal, community-based or ecological, is evident and the effects will be felt for some time to come. Mental health services will be stretched to the limit in the many affected regions, having to assist not only those who have experienced physical loss but also those grappling with the fear of when and how these events may revisit us.

Whatever your view may be in relation to climate studies and science, the fact remains that we have just closed out the hottest decade on record. The likelihood is that there are hotter years to come, and substantial adjustment to our thinking and planning is needed at all levels of our community and government. Our current resources are inadequate and while unqualified gratitude and thanks must be given to the Rural Fire Service and volunteers, the flood of donations from around the country and indeed the world demonstrates that change is required now.

This brings me to the question of science and the exponential rate at which scientific research and learnings can expand opportunities and improve our understanding of the world around us. Those employed in the sciences inevitably confront a growing number of legal issues which attend discovery and new processes. These scientific developments captivate the legal profession as we seek to accommodate them within the rule of law and explore ways in which science can assist in the making of difficult legal decisions.

I would like to dedicate this edition of Precedent to the Rural Fire Service firefighters and volunteers around the country. Words are not enough to convey our thanks.

Andrew Christopoulos is an accredited personal injury law specialist and Principal of AC Lawyers: Sydney, NSW South Coast and the ACT. PHONE [phone] EMAIL [e-mail].