Are Fire Brigades Liable for Poor Operational Decisions?

In 2012, the Supreme Court of Tasmania dismissed a claim alleging that the Tasmania Fire Service was negligent in its response to the 2007 fire in the Hobart Myer store. In the course of his judgment, Blow J said "the financial burden of unfortunate operational decisions should be borne by insurers, or by the uninsured". This article will consider recent case law and policy to show that this policy is reflected in the law in all Australian jurisdictions, including South Australia, with the effect that legal actions against Australian fire brigades are unlikely to succeed