The laws provide that in certain circumstances, landholders are entitled to sell a horse to recover costs incurred when a horse owner defaults in the payment of agistment fees. This action can only be taken when the landholder follows specified procedures for notifying an owner and arranging the sale.

 

Importantly, the laws do not apply where there is an existing written agistment agreement that contains an appropriate payment default clause.

 

In that regard, all thoroughbred racehorse owners, trainers and breeders are encouraged to use written agreements rather than relying on verbal arrangements. Properly prepared agreements provide protection to all parties and the welfare of the horse and generally minimise the risk of disputes or misunderstandings arising. Advice on standard agistment agreements can be obtained from the Thoroughbred Racehorse Owners Association, the Australian Trainers' Association and Thoroughbred Breeders Victoria.

 

Information about the operation of the new laws (Part 3A of the Impounding of Livestock Act 1994) is available from the Victorian Department of Primary Industries Government's Bureau of Animal Welfare on 136 186.