CFS and graziers reach compromise in class action lawsuit over deadly 2005 Black Tuesday bushfires The Port Lincoln Black Tuesday bushfire scene. GRAZIERS, the CFS and the man whose vehicle sparked the deadly 2005 "Black Tuesday" bushfires have reached a compromise in their multi-million dollar legal dispute. Today, the Supreme Court was told that, after months of out-of-court negotiations, the parties had brokered a compromise deal to resolve the matter without a trial. All that remains is for the deal to be signed by all parties and approved by a Supreme Court judge - which is expected to happen by December 3. In November last year, The Advertiser revealed a group of Eyre Peninsula graziers, led by Robert Proude, was suing the CFS and ute-owner Marco Visic for compensation. The 2005 fires killed nine people, burned 77,000ha and destroyed 93 homes . Burning scrubland near Louth Bay on Black Tuesday. Mr Proude subsequently filed Supreme Court action against Mr Visic and the CFS, claiming the total value of his destroyed property, including 2205 sheep, was $1,862,795. GALLERY: City under siege In December, other graziers were granted permission to join the lawsuit as a class action - together, they claimed the CFS mismanaged its response to the fires. Mr Visic filed papers agreeing with that assertion, saying any compensation should come out of CFS coffers and not his wallet. The Black Tuesday bushfire scene at Port Lincoln. In June, the CFS asked the court to throw out the case, saying the fires were beyond anyone's capacity to control . It claimed it and its volunteers were therefore not liable for the damage caused. In July, Justice Malcolm Blue dismissed that application, saying the question of whether the CFS owed a duty of care to bushfire victims was too complex to be answered outside of a full trial. Since then, the parties have repeatedly met behind closed doors in unsuccessful attempts to settle the matter. Dead livestock after the Black Tuesday bushfire. GALLERY: The Black Tuesday fires The matter was scheduled to go to trial in February. Last month, lawyers for all parties told Justice Blue a settlement had been formulated, with only the precise wording of the agreement still to "be hammered out." Today Simon Ower, for Mr Proude and the graziers, said that had been done and the document was in the process of being signed by all parties. Eyre Peninsula grazier Robert Proude with wife Latisha. He has settled a lawsuit against the CFS and Marco Visic. He said the February trial date was no longer required, and asked 42 graziers who "opted out" of the class action be allowed to "opt back in." Mr Ower said those graziers chose not to participate due to misunderstanding and error. "It was a topic of conversation in the area, and the general view among people insured was that they did not want to risk liability and so opted out," he said. In affidavits, they have said 'had I known the true position at the time, I would not have opted out'. There is no prejudice at all to allowing these people who opted out, mistakenly, to opt back in (to the settlement). Lawyers for the CFS and Mr Visic said they did not oppose the 42 graziers rejoining the action, provided the settlement was approved. Justice Blue have his conditional permission to the group rejoining, and referred the case to Justice Tim Anderson for approval of the compromise. The matter returns to court next month.