Equine Influenza Class Action

ATTWOOD MARSHALL MOUNTS CLASS ACTION AGAINST COMMONWEALTH GOVERNMENT FOR EI OUTBREAK

The outbreak of equine influenza in Australia in August 2007 devastated the thoroughbred racing and breeding industry as well as the pleasure horse industry in this country.

The Callinan Report handed down by retired High Court Judge Ian Callinan found significant systemic failures of the quarantine system in Australia. The main findings of the inquiry were as follows:

1. "Notwithstanding the obviousness of the risk that equine influenza presented, the evidence before me shows that between May 2005 and August 2007, there had been no audit, or even recent inspection, by AQIS or Biosecurity Australia officials of overseas places for quarantine of horses before export to Australia; there was no established training regime for AQIS officials attending airports when the horses arrived from abroad; and the quarantine stations documented procedures relative to horses were still not finalised. The failure to attend to the last of these matters contributed to the outbreak of equine influenza in August 2007."

2. "What I describe bespeaks an organisation that lacked clear lines of communication between those responsible for formulating procedures and work instructions and those responsible for implementing them; one in which there was insufficient training and education in relation to the procedures and instructions to be followed; one in which there was no checking to ensure that those procedures and instructions were being implemented; and one in which any business plan or other reporting system did not alert senior management to these failures."

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.

We have over 500 claimants who have registered with us and have recently sent a submission to the insurers acting on behalf of the Commonwealth Government. You can view this submission by clicking here.

If you wish to join the class action or receive preliminary advice as to whether you qualify to join, simply complete the Questionnaire provided.

Looking for expert legal advice for the Thoroughbred Industry? Contact Gold Coast Lawyers, Attwood Marshall, and book your FREE, no obligation appointment.

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

Attwood Marshall Lawyers
Northern NSW & Gold Coast, Queensland

Equine Influenza, Class Action, EI Class Action

• Visit our Blog

  • Equine Influenza Update (30 September 2011)
  • Were you affected by the Equine Influenza Outbreak? If so we can help you!
  • Law Firm`s Race Links - Article by Gold Coast Bulletin – PM Cup Special Liftout
  • Service of Court Documents via Social Networking Websites by Alica Bradford - Attwood Marshall Lawyers
  • Equine Influenza Update (17 March 2011)
  • Equine Influenza Update (December, 15 2010)
  • Equine Influenza Update (October, 22 2010)
  • Equine Influenza Update (October, 14 2010)
  • Equine Influenza Update (September, 20 2010)
  • Equine Influenza Update (September, 10 2010)
  • Equine Influenza Update (August 30 2010)
  • Equine Influenza Update (August 2010)
  • What it takes to run a class action
  • Equine Influenza Update (May 2010)
  • Equine Influenza Update (April 2010)
  • Equine Influenza Update (Jan 2010)
  • Equine Influenza Update (Dec 2009)
  • Equine Influenza Update (Oct 2009)
  • Equine Influenza Test Case Launched In Qld Court
  • First Test Case issued in EI Class Action