NINE years after a biosecurity catastrophe devastated a vast range of equine businesses, from thoroughbred studs to local shows, many are counting on a Federal Court class action to deliver compensation.
On the eve of what was set to be a bumper breeding season, in August 2007, an equine influenza (EI) outbreak shut down racing, breeding, and equestrian sporting events for months.
Almost 6,000 properties in NSW were effected with an estimated 100,000 horses infected.
The NSW Primary Industries Department implemented ‘zones’ in a bid to contain the epidemic.
The most relevant was the purple zone, which encompassed the Hunter Valley.
This meant horses could be transported to and from studs within the purple zone but farms and businesses outside the zone were unable to send or retrieve broodmares or racehorses.
A fourth-generation horseman Gary Turkington, “Wattlebrae”, Toowoomba, was a lead applicant among the almost 600 who have joined the class action.
Managed by Maurice Blackburn lawyers, Mr Turkington said whilst equine businesses around Queensland’s thoroughbred epicentre, Toowoomba and the Darling Downs were impacted, there were many others in northern and southern regions as well.
The Commonwealth is arguing the State Government that implemented the shut down.
“Our only hope is that common sense prevails and this case is not lost on a point of law, it would be a disgrace and it is not the Australian way,” Mr Turkington said.
“Some have already lost farms, some are waiting to see if they will lose farms, a lot have had to sell assets and I am getting calls from people every day who are at the end of their tether mentally and emotionally, just like those facing drought hardship.
“It has gutted us – I had six stallions, now I am back to three. It has been devastating and I have been treading water for nine years. It has completely stopped me from moving forward with improvements. I had a good profit in 2006 and a 2008 tax bill and I’m instantly in debt, so all I have done since is pay interest to the bank on the debt,” he said.
“If we get nothing, the banks will move in and sell the farms,” he said.
Mr Turkington said he feared a court battle would result in very little for applicants as legal fees soared.
Agriculture Minister Barnaby Joyce said in a statement he had expectations the Commonwealth would act in good faith throughout the mediation process and he would support every effort being made to ensure an equitable outcome can be achieved.