Equine Influenza Class Action
Hello, the words here are from Heath Ryan and the webmaster is Sharon Carroll. This has been posted on Monday 22nd October, 2007, specifically for those who do feel that what power brokers there are out there are not really representing the small people who, hello hello, do represent the overwhelming majority.
EI for some of us is already completely changing our lives forever, for others it has certainly intruded into our lives in a most unwelcome manner, and for others it is imminently threatening! All of us to a greater or lesser degree are experiencing hardship and pain. Most of us are also seriously outraged by many aspects of this exotic disease. How did it get into the country? How did it get out of Eastern Creek? Why wasn’t it controlled earlier? Was critical information withheld from we, the general public, and in particular, the leisure and sporthorse industry? Why is it that the DPI who are supposed to rescue us in these types of situations seem so leaderless, factional and clumsy? Why does the thoroughbred sector (just 20% of the equestrian industry) get so much government support (money) and we such small amounts by comparison? Why are we so unable to obtain transport permits and the thoroughbreds seem to move so easily and at times, move whole broodmare bands, up to 45 broodmares, even when they are in a red zone? Why are the thoroughbreds and trotters getting EI vaccine and inoculation in front of us? Are these blanket inoculation tactics which are being advocated by the thoroughbred industry in step with eradication? If not, then who is going to pay the $400 million inoculation cost each year to our industry for the rest of our lives? What about our kids and their ponies? Does this mean the Australian kids from the bush, and the backstreets, and the pony clubs, will become something of the past?
All of these questions illustrate that to date there is a massive inequity out there in our industry, and that to date both federal and state governments and their departments have proven unable to step up to the mark in this time of national crisis.
What to do?
Firstly, I have to say that my personal view is that the federal government and Peter McGauran is trying, however so far it seems unable to perceive and then focus up on us and our needs. It is sadly possible that this phenomenon just goes right on happening and in that event the last resort will be “class action”.
The state government and Ian McDonald seem to me to be seriously clumsy and certainly initially not at all interested in us sporthorse and leisure equestrian industry. Again, the last resort will be “class action”.
Class action and its success will be largely influenced by the findings of the inquiry led by retired High Court judge, Mr Ian Callinan. These findings are not due until the end of April, 2008, so there is no quick fix. A class action is then likely to go for a couple of years. Most of us will by then be broke, exhausted, and 100% disenchanted. Still, there it is, and it may end up being necessary. Rumours are strong that the thoroughbred industry will mount a very formidable class action and that we should try to join their group. For me, I say no! I have no doubt they will mount a formidable challenge to the government, and it will be very well resourced. I also think the government will settle out of court. That means that all parties will then sit down with the thoroughbred industry representatives to negotiate their share of the settlement, without a judge presiding over proceedings. Just keep in mind, when on October 2nd, 2007, the NSW State government released $7.5million as EI relief funding to the equestrian industry. Well, the sport and pleasure horses got a miserable $300,000. Negotiating with the thoroughbred industry will, in my opinion, bring you little joy.
Many years ago, I did some dressage displays in the Regent Hotel for a couple of cancer charities, organised by a wonderful lady named Jan Carver. Jan was a serious horse enthusiast, and active EFA member, and owner of an Andalusian stallion which she campaigned with passion, and was also a prolific cancer charity organiser. Jan eventually died of cancer. Liza Carver is Jan’s daughter, and is currently a partner in the law firm Gilbert and Tobin. Liza has had a meteoric career and is very highly regarded. She has put together a team to represent the EFA at the Callinan Inquiry, which includes a team of lawyers and two barristers. The legal team is doing the work pro bono!!
Liza and Gilbert +Tobin do not do class actions. However, there are a number of firms with a proven track record for successfully running class actions and people affected by EI should think very carefully before signing up with any particular firm and to make sure the lawyer and firm offering to take such action has a successful track record. So for those of you who’ve read this far, and would like to sign up for the possibility of future class action, then you are welcome. Name, address and contact details are all you need to leave. At this stage, no monies and if it gets to that stage where we go forward with this option, then everyone will be notified of exactly what it will take, what the possible outcomes are, and you will be offered the opportunity to withdraw with no strings attached.
Yours sincerely,
Heath Ryan and Sharon Carroll.
To register your interest please visit; http://www.eiclassaction.com/
EI for some of us is already completely changing our lives forever, for others it has certainly intruded into our lives in a most unwelcome manner, and for others it is imminently threatening! All of us to a greater or lesser degree are experiencing hardship and pain. Most of us are also seriously outraged by many aspects of this exotic disease. How did it get into the country? How did it get out of Eastern Creek? Why wasn’t it controlled earlier? Was critical information withheld from we, the general public, and in particular, the leisure and sporthorse industry? Why is it that the DPI who are supposed to rescue us in these types of situations seem so leaderless, factional and clumsy? Why does the thoroughbred sector (just 20% of the equestrian industry) get so much government support (money) and we such small amounts by comparison? Why are we so unable to obtain transport permits and the thoroughbreds seem to move so easily and at times, move whole broodmare bands, up to 45 broodmares, even when they are in a red zone? Why are the thoroughbreds and trotters getting EI vaccine and inoculation in front of us? Are these blanket inoculation tactics which are being advocated by the thoroughbred industry in step with eradication? If not, then who is going to pay the $400 million inoculation cost each year to our industry for the rest of our lives? What about our kids and their ponies? Does this mean the Australian kids from the bush, and the backstreets, and the pony clubs, will become something of the past?
All of these questions illustrate that to date there is a massive inequity out there in our industry, and that to date both federal and state governments and their departments have proven unable to step up to the mark in this time of national crisis.
What to do?
Firstly, I have to say that my personal view is that the federal government and Peter McGauran is trying, however so far it seems unable to perceive and then focus up on us and our needs. It is sadly possible that this phenomenon just goes right on happening and in that event the last resort will be “class action”.
The state government and Ian McDonald seem to me to be seriously clumsy and certainly initially not at all interested in us sporthorse and leisure equestrian industry. Again, the last resort will be “class action”.
Class action and its success will be largely influenced by the findings of the inquiry led by retired High Court judge, Mr Ian Callinan. These findings are not due until the end of April, 2008, so there is no quick fix. A class action is then likely to go for a couple of years. Most of us will by then be broke, exhausted, and 100% disenchanted. Still, there it is, and it may end up being necessary. Rumours are strong that the thoroughbred industry will mount a very formidable class action and that we should try to join their group. For me, I say no! I have no doubt they will mount a formidable challenge to the government, and it will be very well resourced. I also think the government will settle out of court. That means that all parties will then sit down with the thoroughbred industry representatives to negotiate their share of the settlement, without a judge presiding over proceedings. Just keep in mind, when on October 2nd, 2007, the NSW State government released $7.5million as EI relief funding to the equestrian industry. Well, the sport and pleasure horses got a miserable $300,000. Negotiating with the thoroughbred industry will, in my opinion, bring you little joy.
Many years ago, I did some dressage displays in the Regent Hotel for a couple of cancer charities, organised by a wonderful lady named Jan Carver. Jan was a serious horse enthusiast, and active EFA member, and owner of an Andalusian stallion which she campaigned with passion, and was also a prolific cancer charity organiser. Jan eventually died of cancer. Liza Carver is Jan’s daughter, and is currently a partner in the law firm Gilbert and Tobin. Liza has had a meteoric career and is very highly regarded. She has put together a team to represent the EFA at the Callinan Inquiry, which includes a team of lawyers and two barristers. The legal team is doing the work pro bono!!
Liza and Gilbert +Tobin do not do class actions. However, there are a number of firms with a proven track record for successfully running class actions and people affected by EI should think very carefully before signing up with any particular firm and to make sure the lawyer and firm offering to take such action has a successful track record. So for those of you who’ve read this far, and would like to sign up for the possibility of future class action, then you are welcome. Name, address and contact details are all you need to leave. At this stage, no monies and if it gets to that stage where we go forward with this option, then everyone will be notified of exactly what it will take, what the possible outcomes are, and you will be offered the opportunity to withdraw with no strings attached.
Yours sincerely,
Heath Ryan and Sharon Carroll.
To register your interest please visit; http://www.eiclassaction.com/
posted by Horse Deals at
10:26 am
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