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 [...]

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 [...]

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 [...]

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 [...]

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 [...]

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 [...]

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 [...]

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, [...]

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, [...]

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 [...]