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Equine Influenza Class Action

Equine Influenza Update (30 September 2011)

Written on Friday, 30th September, 2011

On  18 May 2011 the parties appeared in the Queensland Supreme Court before Justice Peter Lyons and the following directions were made:

  1. That the plaintiff deliver a notice to admit facts and documents by 4pm on 8 June 2011;
  2. That the defendant deliver its response by 4pm on 3 August 2011
  3. That the matter be fixed for further review on 25 August 2011.

 

On 15 June 2011 we served the commonwealth with a Notice to Admit Facts consisting of 74 pages and 817 paragraphs.  The Notice to Admit Facts seeks the Commonwealths admissions in relation to certain facts and findings of Justice Callinan in the Enquiry into the Equine Influenza Outbreak in Australia handed down in April 2008.

By serving the Notice to Admit Facts, we hope to narrow some of the issues in dispute and thereby streamlining the proceedings as much as possible.

The Commonwealth have also indicated their desire to limit the issues in dispute as much as possible and have undertaken to act in good faith in responding to our Notice to Admit Facts by admitting to as many facts they are reasonably able to.

Since we served the Notice to Admit Facts, the Commonwealth have had 2-3 dedicated lawyers working full time on the response, in addition to a senior associate, partner and counsels involvement when necessary. 

We have consented to, and the court has granted the Commonwealth a number of extensions within which to respond to the Notice to Admit Facts.  The Commonwealth will now provide a substantial, but partial, response to our Notice to Admit Facts by 30 September 2011, with the balance of their response to be provided to us no later than 15 November 2011.

The matter has been set for review before the court on 9 December 2011. In the interim, we have been working on gathering the evidence for the case before the court, including gathering information and obtaining serology samples with respect to the horses in question, and liaising with Vincents Accountants with respect to the preparation of an expert report.

We will provide another update to you after the court review on 9 December 2011.

Please ensure that we have your updated details so we may continue inform you of the progress of this matter.

Facing a difficult situation? Looking for sound legal advice? At Attwood Marshall Lawyers (Gold Coast based Lawyers), we’ve got you covered. We provide expert advice across a range of legal specialities including…

 

We are one of the few legal firms to offer an all round legal service to our clients and if there are some specialty areas that we do not accommodate, we will gladly refer you to one of the specialty firms that we have a relationship with and trust to deliver the service you require.

You can call us on 1800 621 071 or use our Online Enquiry Form to send us your details.

With three offices conveniently located at Robina, Coolangatta - Tweed and Kingscliff you can also visit us an office near you!

 

Were you affected by the Equine Influenza Outbreak? If so we can help you!

Written on Thursday, 4th August, 2011

The outbreak of Equine Influenza in August 2007 saw devastation throughout the thoroughbred racing and breeding industry.

This did not only affect the owners of racehorses but many businesses indirectly. Equestrian photographers, produce store proprietors, stallion and broodmare owners, transport companies, trainers, non-thoroughbred breeders, and various associations of people who work in the industry were also affected. 

We have clients that have lost everything from this outbreak. We know firsthand how it has impacted on the industry. Jeff Garrett the Practice Director here at Attwood Marshall has been affected by this disaster. 

Jeff is a commercial breeder and had 4 broodmares stranded on his own broodmare farm in Queensland.  He also had 3 racehorses in work in Brisbane who were also affected by the restrictions. 

"I know exactly what people are going through given my own involvement in the industry.  This gives me a great insight into the problems that the people in the thoroughbred industry are facing". 

As the matter stands now we have been running the class action since 2007 and have a strong test case running through the Queensland Supreme Court. The Plaintiff in our test case has lost more than 3 million dollars as a result of the EI outbreak. While this test case is running all of the clients that have registered their interest will be “waiting in the wings” for the outcome.

It is our view that the Government has clearly breached its duty of care to the members of the various equine industries in Australia. Although there are some complex legal issues surrounding the duty of care owed by the Government to the participants in the industry and the various losses suffered by claimants, we believe there is a strong moral duty on the part of the Government to compensate the losses suffered by people whose livelihood depended upon the industry. 

If the test case is successful, compensation to the people and businesses affected by the equine influenza outbreak could extend to some 60 million dollars. 

We have a directions hearing set in the Supreme Court in the coming months which will serve to shape the progress of the test case proceedings.  Whilst we will endeavour to have the proceedings finalised by the expiry of the limitation period, being August 2013 we cannot provide guarantees that this will be the case. Should the test case proceedings extend beyond August 2013 without a final order being made, people and business with potential claims not already registered with us  may be locked out of bringing any action for damages by reason of the expiry of the limitation period. We urge everyone who had suffered loss to register as part of the class action no matter how small the claim may seem.

If you may know of anyone that may have been a victim of the Equine Influenza Outbreak you can also have them complete our online questionnaire and we will register their interest in the class.

If you are already registered with the class and may have changed your contact details or email address, please also complete our questionnaire.

http://www.attwoodmarshall.com.au/ei-class-action-questionnaire/

Facing a difficult situation? Looking for sound legal advice? At Attwood Marshall Lawyers (Gold Coast based Lawyers), we’ve got you covered. We provide expert advice across a range of legal specialities including…

 

We are one of the few legal firms to offer an all round legal service to our clients and if there are some specialty areas that we do not accommodate, we will gladly refer you to one of the specialty firms that we have a relationship with and trust to deliver the service you require.

 You can call us on 1800 621 071 or use our Online Enquiry Form to send us your details.

With three offices conveniently located at Robina, Coolangatta - Tweed and Kingscliff you can also visit us an office near you!

 

Law Firm`s Race Links - Article by Gold Coast Bulletin – PM Cup Special Liftout

Written on Wednesday, 4th May, 2011

Gold Coast legal firm Attwood Marshall has a unique place within thoroughbred racing on the Gold Coast. 

Not only does the longstanding local firm offer specialist advice in the racing field it also has very close links with the Gold Coast Turf Club. 

In 2009 Attwood Marshall signed up as a major sponsor of the club. Soon after the firm’s managing partner Jeff Garrett, was appointed a board member of the GCTC. 

“Rhonda and I used to ride when we were young and have owned racehorses for over 20 years”, said Garrett. 

“We started seriously breeding horses when we bought five acres already set up for breeding (Revelstone Stud) off Dr Brian Purtle in Berrigans Road Mudgeeraba 12 years ago. 

“We have a full arena, our daughters do dressage and we have six broodmares and 18 thoroughbreds at the moment. Two are in work- Ourmaninamsterdam who won a 1400m at the Gold Coast on March 15 and a three-year-old Mosman Gelding, Only The Strong, who has had a jumpout and is due to start soon. 

“The Thoroughbred department at Attwood Marshall is unique on the Gold Coast and I have acted for a few high profile jockeys who have been injured and we are currently acting for stud owners in an equine influenza class action case. 

“As we already represent so many people in the racing industry it then seemed a good fit to increase the company’s exposure on the Gold Coast by way of a corporate sponsorship at the Gold Coast Turf Club and my later nomination and appointment to the board simply rolled on from there.” 

Attwood Marshall is one of the few legal firms that provide specialist advice in the Thoroughbred Industry. Services include:

 

Attwood Marshall Host a sponsor raceday during the Queensland Winter Carnival- this year’s to be held on May 28, when Black Caviar is set to run in the Doomben 10,000 in Brisbane. 

Other sponsorships at the GCTC are the $150,000 Attwood Marshall Silk Stocking- listed (Fillies & Mares) 1200 meters on the Prime Minister’s Cup Raceday; the $100,000 Bat out of Hell Handicap in January; the 2010 150 Club Hollindale Stakes; and 2011 Club 200 Gold Coast Guineas. 

The main office of Attwood Marshall is located in the Showcase Building in Coolangatta. The firm has occupied this office space since the building was erected in 1989. In March 2010 they opened their Kingscliff office at 1b Pearl Street, Kingscliff. 

They have also opened an office at Robina Town Centre as part of a general expansion of the firm. 

Attwood Marshall Lawyers ranked 38 in the 2010 BRW 50 Best Places to Work list.

Resource by: Gold Coast Bulletin - Prime Minister`s Cup Lift-out

 

Service of Court Documents via Social Networking Websites by Alica Bradford - Attwood Marshall Lawyers

Written on Tuesday, 29th March, 2011

It appears that Australian courts are beginning to recognise social networking sites as a practical way of communication.  

MKM Capital Pty Ltd v Corbo & Poyser (Unreported, ACT Supreme Court, Master Harper, 12 December 2008)

The defendants failed to keep up with repayments on a loan owing to MKM Capital Pty Ltd (“MKM”).  The defendants did not make an appearance at the hearing, and MKM obtained default judgement for the value of the loan amount and possession of the defendant’s house.  Despite numerous attempts at personal service, MKM were unable to serve the default judgement notice on the defendants. 

MKM applied to the court applied to the court for an order for substituted service.  Rule 6560(3) of the Court Procedures Rules 2006(ACT) provides that a court can make such order if it is satisfied that: 

 

MKM submitted that it was impractical that service be effected in the authorised way and that an alternative way of service via Facebook would bring the documents to the defendants’ attention.  MKM led evidence that:- 

 

On the basis of this evidence the court found that it was reasonably likely that the document would be brought to the defendants’ attention and ordered substituted service of the default judgement be effected by sending a private message to the defendant’s Facebook page informing the entry and the terms of the notice. 

Citigroup Pty Ltd v Weerakoon[2008] QDC 174

In an earlier decision, the Queensland District Court reached a decision that Facebook was not a suitable method of serving court documents.  The reasons for that decision were:- 

 

First Writ Served on Twitter – British High Court

On 1 October 2009 the British High Court ordered its first injunction via Twitter, stating the social website and micro-blogging service was the best way to reach an anonymous “Tweeter” who had been impersonating the Donal Blaney on the micro blogging site, Twitter.

Facing a difficult situation? Looking for sound legal advice? At Attwood Marshall Lawyers, we’ve got you covered. We provide expert advice across a range of legal specialities including…

 

We are one of the few legal firms to offer an all round legal service to our clients and if there are some specialty areas that we do not accommodate, we will gladly refer you to one of the specialty firms that we have a relationship with and trust to deliver the service you require.

You can call us on 1800 621 071 or use our Online Enquiry Form to send us your details.

With three offices conveniently located at Robina, Coolangatta - Tweed and Kingscliff you can also visit us an office near you!

 

Equine Influenza Update (17 March 2011)

Written on Thursday, 17th March, 2011

The matter has now been placed on a Supervised Case List in the Supreme Court in Brisbane.

This means that the court will now conduct regular reviews of the matter to ensure that both parties are moving the matter towards a resolution in a timely fashion. 

The first review date with be in May. 

In the meantime, we have almost finalised the evidence of each of the witnesses who will be giving evidence at the trial.  260 witnesses gave evidence at the Inquiry. We have narrowed that to around 40 for the test case. 

It is important that we keep our records of everybody who has registered an interest in the class action accurate and up to date. If there is any doubt whether we have current contact details for you, please let us know. 

Please note that email is our preferred means of communication.

If you are aware of anybody who was adversely affected by the escape of the EI virus in August 2007 who has not yet registered an interest, would you please urge them to do so. 

We must be able to calculate with reasonable accuracy the number of claimants and the potential amount of the claim as a group. 

Should you require any further information in relation to this matter, please do not hesitate to contact Lauren Magasdi on 07 5506 8253 (lmagasdi@attwoodmarshall.com.au) or Holly Gilholme on 07 5506 8202 (hgilhome@attwoodmarshall.com.au).

If you are interested in joining our class action group, why not complete our EI Class Action Questionnaire and have us contact you today!

Go to our EI Web Page

Previous updates:

 

Facing a difficult situation? Looking for sound legal advice? At Attwood Marshall Lawyers, we’ve got you covered. We provide expert advice across a range of legal specialities including…

 

We are one of the few legal firms to offer an all round legal service to our clients and if there are some specialty areas that we do not accommodate, we will gladly refer you to one of the specialty firms that we have a relationship with and trust to deliver the service you require.

You can call us on 1800 621 071 or use our Online Enquiry Form to send us your details.

With three offices conveniently located at Robina, Coolangatta - Tweed and Kingscliff you can also visit us an office near you!

 

Equine Influenza Update (December, 15 2010)

Written on Wednesday, 15th December, 2010

PRESS RELEASE

 

CLASUL PTY LTD v COMMONWEALTH OF AUSTRALIA

There are no further meetings planned with the lawyers for the Commonwealth prior to Christmas.  Nevertheless, we are continuing to have discussions with our opponents about refining the parameters of the document protocol that will be used as the vehicle for the electronic disclosure of the thousands of documents involved in the case. 

The Brisbane Supreme Court has now issued us with an Intervention Notice.  This is a standard document generated by the Court and sent to both parties to the litigation once pleadings have closed.  The Notice requires the parties to submit a timetable for the completion of certain steps in the case.  We are in the process of agreeing on a timetable with our opponents that will ensure the timely completion of steps leading up to a mediation or a trial. 

This will be our last report for the year.  We are looking forward to resuming in the New Year and having the case finalised, one way or another, in 2011. 

Merry Christmas and a safe and happy new year to you all.

Should you require any further information in relation to this matter, please do not hesitate to contact our Lauren Magasdi on 07 5506 8253 or  1800 621 071 or email lmagasdi@attwoodmarshall.com.au.

If you are interested in joining our class action group, why not complete our EI Class Action Questionnaire and have us contact you today!

Go to our EI Web Page

Previous updates:

 

Equine Influenza Update (October, 22 2010)

Written on Monday, 25th October, 2010

At the meeting on 13 October 2010 we discussed the most efficient and cost effective way for the parties to undertake disclosure.  The lawyers for the Commonwealth advised that they may have up to 100,000 documents to disclose, in addition to the 3000 odd that were tendered as evidence at the enquiry.  It is contemplated that the exchange of documents will take place electronically, and that at first instance, the Commonwealth give disclosure of 20,000 documents that were provided to the Inquiry, but were not actually tendered as evidence.

The second main topic of discussion revolved around expert evidence concerning the means of escape of the virus from Eastern Creek, the adequacy of the system of work at the quarantine facility and evidence from a forensic accountant about financial losses.  There may be some agreement about who the experts might be and what specific questions the experts might be asked.

Further meetings with lawyers for the Commonwealth are contemplated in the near future.

Should you require any further information in relation to this matter, please do not hesitate to contact our Lauren Magasdi on 07 5506 8253 or  1800 621 071 or email lmagasdi@attwoodmarshall.com.au.

If you are interested in joining our class action group, why not complete our EI Class Action Questionnaire and have us contact you today!

Go to our EI Web Page

Previous updates:

 

Equine Influenza Update (October, 14 2010)

Written on Thursday, 14th October, 2010

Our meeting with the lawyers for the other side went ahead yesterday as planned.  The meeting was held “without prejudice” which means that details of matters discussed at the meeting must stay between those who attended.  Nevertheless, we have asked the other side for permission to provide a general advice to the group about what was discussed at the meeting, and we hope to be able to disclose further information later today or tomorrow.  We can advise however, that there was no discussion about a settlement, which we know many of you were hoping for.

Should you require any further information in relation to this matter, please do not hesitate to contact our Lauren Magasdi on 07 5506 8253 or  1800 621 071 or email lmagasdi@attwoodmarshall.com.au.

If you are interested in joining our class action group, why not complete our EI Class Action Questionnaire and have us contact you today!

Go to our EI Web Page

Previous updates:

 

Equine Influenza Update (September, 20 2010)

Written on Monday, 20th September, 2010

Our opponents have invited us to attend a meeting to discuss the case, disclosure and next steps.  The meeting will be held on 13 October 2010 at 10:00am.  The other side will be flying from Sydney to Brisbane, where the meeting will take place.  We shall report on the outcome of the meeting shortly after it has been held.

Should you require any further information in relation to this matter, please do not hesitate to contact our Lauren Magasdi on 07 5506 8253 or  1800 621 071 or email lmagasdi@attwoodmarshall.com.au.

If you are interested in joining our class action group, why not complete our EI Class Action Questionnaire and have us contact you today!

Go to our EI Web Page

Previous updates:

 

Equine Influenza Update (September, 10 2010)

Written on Friday, 10th September, 2010

Pleadings in the case have now closed. This means that all of the documents outlining our case against the Commonwealth, and all the Commonwealths documents outlining its defence, have now been filed in court and served. The battle lines are therefore drawn. 

The next step is to undertake Disclosure. This is a process that requires both parties to exchange a List of Documents in their possession that are relevant to the case. 

Our List of Documents has been finalised up to this point. To view a copy of our List of Documents please click the link below.

 

The Commonwealth is now required to provide us with its List of Documents. 

Our accountants report is expected no later than 17 September 2010.

Should you require any further information in relation to this matter, please do not hesitate to contact our Lauren Magasdi on 07 5506 8253 or  1800 621 071 or email lmagasdi@attwoodmarshall.com.au.

If have not already joined our EI Class Action, why not complete our EI Class Action Questionnaire and have us contact you today!

 

Equine Influenza Update (August 30 2010)

Written on Monday, 30th August, 2010

A Reply to the Defence was filed by the Plaintiff in the Brisbane Supreme Court Registry on 26 August 2010.

To view a copy of this document please click on the link below.

Reply to the Defence  -  Clasul Pty Ltd v The Government

Should you require any further information in relation to this matter, please do not hesitate to contact our Lauren Magasdi on 07 5506 8253 or  1800 621 071 or email lmagasdi@attwoodmarshall.com.au.

Why not complete our EI Class Action Questionnaire and have us contact you today!

With three offices conveniently located at Robina, Coolangatta - Tweed and Kingscliff, you can also visit us an office near you. 

 

Equine Influenza Update (August 2010)

Written on Tuesday, 3rd August, 2010

The task of quantifying Wattlebrae Stud’s losses is a large and difficult job. The areas of loss that need to be calculated are loss of service fees and forward bookings, vet fees and medication, loss of agistment income, loss of opportunity to syndicate new stallions, loss of value of the horses and foals that died, borrowing and holding costs, general loss of business and damage to business reputation. There are thousands of documents that need to be considered when formulating the claim. The accountants now estimate that their report will be finalised by the end of August.

Lauren Taylor goes off on maternity leave today. We wish her all the best for the birth. Any enquiries after that date can be directed to Lauren Magasdi on 5506 8253 or at lmagasdi@attwoodmarshall.com.au

 

What it takes to run a class action

Written on Friday, 9th July, 2010

A Representative Action, commonly referred to as a Class Action enables 7 or more claimants to bring an action against the same person or company where the dispute is common.

There are no limitations as to what actions can be brought.

Recently, the Courts have seen a trend of actions in areas such as product liability, medical negligence, financial and securities and immigration.

To be classified as a Class Action, the following requirements, as set out in Section 33C (1) of the Federal Court of Australia Act 1976 (Cth) must be met:-

  1. Seven (7) or more persons who have claims against  one or more individuals or corporate bodies;
  2. The claims must be in respect of the same, similar or related circumstances; and
  3. The claims must give rise to a substantial common issue of law or fact.

In cases where there are less than 7 people  who all have the same dispute, with leave of the court, you are still able to run the matter as a Class Action.

One of the main advantages of being in a Class Action is the costs. All costs are shared equally amongst members.  As the saying goes  - ‘the larger the class, the cheaper the costs’. Various other  benefits include the support  and encouragement offered from other members of the class ,reducing the potential of adverse costs orders being made, minimising risks involved and the benefit of a section in the Federal Court Act to follow for procedure. However, the greatest incentive of all is that as a class, your proceedings are stronger.

Some disadvantages noted with Class Actions are the expenses incurred to advertise, as required under section 33x of the Federal Court of Australia Act 1976 (Cth), Claimants are unable to settle or discontinue the Class Action without leave of the court and in some circumstances, contact with the Solicitor is kept at a minimum to allow him/her to discuss matters with all members of the class equally.

Further, at the time Judgment is provided, all Claimant’s are identified in the Judgment, unless with leave of the court. Following on from this, not only does Judgment bind those within the Class, but also persons who may have the same interests but were not formally included in the Class.

If you think you may have a potential Class Action, or would like further information, please contact our office on 1800 621 071 or use our Online Enquiry Form to send us our details..

 Resource By: Lauren Magasdi

 

Equine Influenza Update (May 2010)

Written on Tuesday, 11th May, 2010

The Commonwealth’s Defence have now provided us with their Further and Better Particulars. A copy of the document can be viewed on our website. Click link below:

Further and better particulars of the defence

On behalf of Wattle Brae, we have now engaged a national firm of forensic accountants to prepare a report on the financial and other losses suffered by the Stud a result of the EI outbreak. The accountants will be liaising with other experts, including Bloodstock Agents, to value and assess the dollar value of the claim. This is a very arduous and time consuming process, however we hope to have the accountants report finalised by the middle of June.

 

Equine Influenza Update (April 2010)

Written on Tuesday, 13th April, 2010

Further and better particulars of the defence as per document filed in the Supreme Court on 1st April 2010 (click link below).

Further and better particulars of the defence
 

 

Equine Influenza Update (Jan 2010)

Written on Friday, 15th January, 2010

The Plaintiff’s Request for Further and Better Particulars of the Defence (click link below) was filed in the Supreme Court on 23 December 2009.

Plaintiff’s Request for Further and Better Particulars of the Defence

 

Equine Influenza Update (Dec 2009)

Written on Tuesday, 1st December, 2009

The Commonwealth Government has now filed its Defence and requested further particulars of the statement of claim. We have provided those particulars to the lawyers for the Commonwealth. Please click on the links below to view copies of these documents.

We are in the process of drafting a request for further particulars of the Defence and obtaining court orders for the production of documents.

The request for particulars of the Defence will be delivered before Christmas and we expect a response from our opponents early in the New Year.

Notice of Intention to Defend and Defence of the Defendant;

Request for Particulars of the Statement of Claim;

Response of the Plaintiff to a Request for Further and Better Particulars by the Defendant.

 

Equine Influenza Update (Oct 2009)

Written on Thursday, 1st October, 2009

The Statement of Claim filed on behalf of Wattlebrae Stud was served on the lawyers for the Commonwealth Government in Sydney about a month ago. We expect to receive a Defence to the claim in the next couple of weeks.

Once the Defence is filed the issues in the case will be narrowed and a decision will be made about the next step in the litigation.

The lawyers for the Commonwealth have requested particulars of some aspects of the Statement of Claim. We are now in the process of responding to that request.

A copy of the Defence filed by the Commonwealth Government will be made available on the website when received.

 

Equine Influenza Test Case Launched In Qld Court

Written on Wednesday, 12th August, 2009

A landmark test case seeking compensation for losses suffered due to Australia's 2007 equine influenza outbreak was lodged in the Supreme Court of Queensland yesterday.

The claim, brought by the Gold Coast legal firm Attwood Marshall Lawyers, on behalf of Wattlebrae Stud at Nobby on Queensland's Darling Downs, is described as "a test case which will affect hundreds of individuals & businesses throughout Australia".

Wattlebrae says it "lost more than $3 million in revenue as a result of introduction of equine influenza to Australia" & the action has been brought against the Commonwealth Of Australia "as the representative of all government instrumentalities associated with introduction & spread of the equine influenza virus".

Attwood Marshall partner Jeff Garrett said he expected to lodge "more than 600 claims if the test case proved successful" & compensation "could extend to more than $60 million". Garrett noted: "There are many people waiting in the wings for the outcome of this case." (Aug 12)

 

First Test Case issued in EI Class Action

Written on Tuesday, 11th August, 2009

A Statement of Claim on behalf of historic Wattle Brae Stud has been filed in the Supreme Court of Queensland in Brisbane on 11 August 2009.

We have chosen Wattle Brae Stud as the test case because it is a typical example of a thoroughbred stud that has been affected by the EI outbreak and where the Stud horses actually contracted EI.

The Statement of Claim has been served upon the lawyers acting for the Federal Government and they now have 28 days to file a Defence in relation to the claim. We expect that there will be various interlocutory applications made over the course of the next 6 to 12 months, which no doubt will sort out some of the more complicated legal issues involved.

We will be regularly updating the website as to the progress of the action and any other test cases that are lodged.

To view a copy of the Claim please click the link below for your perusal.

Anyone wishing to update their particulars of their loss or any new enquiries, please click the questionnaire link below

Statement of Claim
EI Class Action Questionnaire

 

Lawyers Race in for Flu Damages

Written on Wednesday, 1st April, 2009

A Gold Cost law firm is preparing to launch a multi-million dollar class action against those found to be responsible for the equine influenza outbreak that crippled the racing industry.

More than 1000 racing participants impacted by the outbreak, many of whom are from the Gold Coast, are expected to register their interest in joining the class action with the Attwood Marshall law firm. 

The Gold Coast Bulletin first revealed plans for the class action last August and the push has gained momentum since. 

Lawyer Jeff Garrett yesterday said the firm was awaiting the findings of an independent inquiry into the outbreak, to be tabled in Federal Parliament, before deciding what to do.

But after hearing evidence presented to the inquiry that problems at Sydney’s Eastern Creek Quarantine Station were to blame for the outbreak, he expected the Australian Quarantine and Inspection Service to be the subject of any action. 

“We’re still waiting with bated breath,” he said. “We’re just getting ready in anticipation.”

Mr Garrett said 300 people had registered and he expected that number to more than double.

“I expect we’re going to have well over 1000. The majority are from Queensland,” he said. “There are a lot of Gold Coast people.” 

Mr Garrett said he was confident about the outcome of the report. 

“If the findings come out as we expect, I am sure that not long after that we are probably going to have a number of court actions which will proceed,” he said. 

“If you look at the submissions of counsel assisting the inquiry, if they are accepted or even 50 per cent of them are accepted, it is hard to imagine that AQIS are not going to be in the firing line.”

Mr Garrett estimated damages could total tens of millions of dollars. 

The flu crisis shut down the entire racing industry last year, with many horses stranded in the stables and unable to be moved while the virus swept through. 

Horses stabled at the Gold Coast Turf Club did not contract EI but the flu spread throughout Brisbane, forcing the industry to shut down. 

Mr Garrett, who is also an owner and breeder, said the impact had been enormous.

 

Equine Influenza class action confirmed: Hundreds of enquiries from six states

Written on Friday, 13th June, 2008

A class action seeking compensation on behalf of hundreds of claimants across six
states has been confirmed following release of the Callinan report on Australia’s
equine influenza (EI) outbreak.

The Gold Coast based, Attwood Marshall Lawyers, will be initiating the claim with
urgency following the report’s key finding that the Australian Quarantine and
Inspection Service (AQIS) was to blame.

Attwood Marshall partner Jeff Garrett said, while the finding of blame against AQIS
was expected, other parties may ultimately share a degree of fault and also be sued.

Mr Garrett said provisions of the Civil Liability Act made it necessary for all parties
proven negligent to bear part of the legal responsibility.

“It may be that other parties or their insurers are found to be partially at fault and that
they should share part of the compensation burden,” said Mr Garrett.

Mr Garrett said Attwood Marshall had received more than 350 enquiries from
potential claimants from 164 different towns and capital cities.

“We received diverse enquiries from across the nation with the exception of the
Northern Territory and believe we will receive hundreds more as a result of the
Callinan report and that damages claimed will extend to hundreds of millions of
dollars.

“Justice Callinan has been very thorough and the report will pave the way for the
many Australians who suffered devastating losses to claw back compensation.”

Mr Garrett has called on the Government to establish a compensation fund to cover
all those who had suffered loss.

“The was no announcement regarding compensation and it is a pity that EI outbreak
victims will be left with no outcome other than making their claims in the Courts.”

Mr Garrett said the launch of the class action was imminent.

 

EI Introduction Letter

Written on Monday, 12th November, 2007

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