Class action success is long odds: Lawyers

SYDNEY - Legal action against the Federal Government for economic losses incurred as a result of the Equine Influenza (EI) outbreak may be futile because of a little-known clause in the Quarantine Act that effectively indemnifies the Government from such action.

A report in today’s Financial Review newspaper says doubts over whether a class action would be worthwhile arise because of the clause that shields government officials from liability over “any action, suit or other civil proceeding” arising from their duties.

Section 82 of the Quarantine Act protects the responsible minister, director of quarantine and officers from legal actions for “anything done or omitted to be done in good faith (whether negligently or not”, the report says.

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