Welcome to the PURE Equine Law blog
Information about horse law for the Australian equestrian community.
We are all advocates: protecting horse welfare
In the same way that lawyers are trusted with the privilege of advocating for our clients, anyone who works with horses has a duty to act in their best interests at all times. As athletes, trainers, riders and owners, we have the responsibility to ensure the well-being of our horses as we are ultimately speaking on their behalf. Our duty of care to horses is both a moral and legal obligation – a reflection of dedication, respect and love for the animals that enrich our lives.
Find my horse! Property identification codes and what’s next for horse traceability in Australia
Horses are largely unregulated in Australia. There is currently no legal requirement to register a horse or to have it microchipped. This can make identifying horses, their owners and their location challenging. Australia is currently working towards the implementation of a National Horse Traceability System, which will revolutionise the way horse movements are tracked and managed.
Saddle up safely: liability for horse riding accidents at home
Horse riding is a very enjoyable but dangerous sport. The risk of someone getting seriously injured is high, and the consequences can be financially devastating. This article outlines three proactive, practical measures that you can take to reduce your risk of liability for horse riding accidents and to ensure a safe, enjoyable experience for all.
Our checklist for starting a horse business
There are several key aspects to consider when starting an agistment centre, training stable, stud farm or other horse related business to ensure success and sustainability. Whether you’re just starting your journey in entrepreneurship, or a seasoned operator, this short guide will assist you in checking off on some of the key aspects to address.
Interested in buying a racehorse? An introduction to syndicates and what you need to know
Did you know that 1 in every 254 Australians own a share in a racehorse? The growing interest in the sport is not only driven by the fascinating beauty and power of thoroughbreds, but also a large increase in prizemoney awards across Australia. Whether you are a seasoned racehorse owner, or new to the concept of syndication, it’s important to consider some key issues before you invest.
Problems post-purchase: horse sale disputes
The joy of a new horse can sometimes be overshadowed by the discovery of soundness or suitability issues after purchase. The risk of these issues leading to expensive and stressful disputes is problematic for both buyers and sellers.
Liability for accidents caused by horses
When a horse escapes its paddock and causes an accident on the road, the question of liability arises. Who is responsible for the damage or injury caused by the horse?
When gossip gallops out of control: defamation law
When it comes to the world of equestrian sports, reputations are just as important as ribbons and trophies. Whether you’re at the stables, ring-side or on Facebook, careless and negative remarks can cause significant harm – particularly for professional trainers, riders and horse business owners where livelihoods are at stake.
Agistment centres and the power to sell abandoned horses
Horse ownership would not be possible for many without the service that agistment centres provide. Providing such an important service to the horse industry does come with risks, including unpaid agistment fees and abandoned horses. What can the agistment centre do with an abandoned horse?
Want to become a horse riding instructor? Here’s one thing you should be aware of
If you are thinking about becoming a horse riding instructor, or giving lessons to friends, you have probably already considered how much to charge and your chosen discipline. But have you thought about how to protect yourself if things go wrong?
Key risks for agistment centres and training stables
Agistment centres and training stables are exposed to a large number of risks daily due to the nature of the business. Some of these risks could have devastating financial and reputational consequences. Well drafted contracts reduce the risk of time consuming, stressful and expensive issues and disputes arising. Your contracts should be drafted specifically for your business to have maximum effect.
Employment law questions answered for horse business owners
There are many agistment centres, training stables, riding schools and other equine associated horse businesses that employ people on a full time, part time, casual or other basis. As an employer, you have an obligation to comply with Australian employment law and provide a safe working environment for your people.
4 things to consider when leasing a horse
Horse owners are increasingly considering leases to share the joy and responsibilities of horse ownership. It is our responsibility to ensure that our horses are cared for and protected to the highest standard. A well-drafted horse lease agreement clarifies all aspects of the arrangement up front. Here are 4 things to know about horse leases.
Slippery surface or safe? Negligence in the competition arena
Competition organisers have a duty to take reasonable care to avoid foreseeable risks of personal injury to competitors which includes providing a reasonably safe arena surface for competitors to ride on. The High Court of Australia has ordered $6.75m in damages to an injured competitor in Tapp v Australian Bushmen’s Campdraft & Rodeo Association Limited [2022] HCA 11.
Do I need a sale agreement when buying or selling a horse?
One of the best ways to ensure a smooth transaction and prevent disputes is to invest in a horse sale agreement. Sale agreements clarify what was agreed between the parties, can maximise protection for either the buyer or seller and reduces the likelihood of litigation if a dispute does arise.