Racing Industry Urged To Unite For Rapid EI Relief And Compensation

Recently, the media has hinted at a possible class action for damages resulting from Equine Influenza.

This is not necessarily the best course of action for those affected. Suing Government successfully is notoriously difficult, whether based on negligence or breach of statutory duty. It is premature to be discussing a class action in the absence of any direct evidence of Government culpability for this outbreak.

Moreover, taking on Government in any form of court action now may cause it to resort to very defensive actions, which may deny those affected interim relief on the grounds that it would be evidence of liability.

There are other options available that will allow the payment of compensation by the Government without admission of liability. I