Equestrian

Last year, the Melbourne Cup race segment attracted a total national TV audience of more than 2 million. This year’s race, the 166th running at Flemington Racecourse, was preceded by a survey suggesting more than 3 million Australians intended to bet on the event, a reminder of how closely racing is tied to Australia’s gambling culture.

Against the backdrop of the Melbourne Cup, horse racing and other equestrian activities put a spotlight on equine and equestrian law in Australia. That spotlight has been sharpened by the release of the 2026 DeathWatch Report.

The 2026 DeathWatch Report

Published by the Coalition for the Protection of Racehorses, the report records racehorse deaths over the 12 months before its release. The 2026 edition covers deaths between 1 August 2025 and 31 July 2026. We examined last year’s report and what it means for equine law.

According to the Coalition, 160 racehorse deaths were recorded during this period, an average of one death every 2.2 days. The figure fell slightly from 175 deaths in the previous report, but remains broadly consistent with the numbers recorded over 13 years of reporting. The Coalition says the deaths are “contrary to the industry’s claims that animal welfare standards are improving”, and argues the true number of racehorse deaths may be significantly higher than reported.

According to the report, Victoria recorded the highest number of racehorse deaths of any state or territory, at 48, followed by New South Wales and the ACT, and then Queensland.

Racing Victoria disputed the figure in a statement to the ABC, describing it as “misleading, if not mischievous”. It said there had been 22 fatalities.

The legal framework

The DeathWatch Report and the Melbourne Cup are likely to draw attention to the legal and regulatory frameworks behind horse sports. Equine and equestrian law in Australia is governed by a range of laws rather than a single framework, and the rules that apply depend on the jurisdiction and the circumstances of each case. Koffels has extensive experience in this area and advises on a wide range of equine-related matters.

Racing governance and regulation

Racing Australia is the peak body for thoroughbred racing and breeding, made up of the six state and two territory principal racing authorities. Its key roles include administering and amending the Australian Rules of Racing and the Australian Stud Book rules.

In New South Wales, Racing NSW is the authority responsible for overseeing thoroughbred racing. It sets regulations for racing and betting, and establishes minimum standards, a code of practice, and rules relating to equine welfare. These include requirements for sales and auctions, and for euthanasia and death. Racing NSW is established under the Thoroughbred Racing Act 1996 (NSW), which sets out its management and functions. Racing regulators across Australia have also used their powers in high-profile integrity matters, as seen in the Yole bans in Tasmania.

Beyond racing rules, state animal cruelty legislation protects horse welfare. In NSW, the Prevention of Cruelty to Animals Act 1979 (NSW) imposes duties on anyone in charge of an animal, including racing and equestrian participants.

Equestrian sport

While these frameworks govern the horse racing industry, equestrian sport, which includes Olympic and competitive disciplines such as dressage and show jumping, is managed separately.

Equestrian Australia (EA) is the peak body for the administration of these sports in Australia, with state and territory equestrian bodies in most jurisdictions. EA’s General Regulations are based on the General Regulations of the Fédération Équestre Internationale (FEI), the international governing body.

The EA board publishes sport-specific rules and regulations for each discipline. EA has also published the FEI’s rules on anti-doping, medication, and horse welfare.

Koffels has acted against Equestrian Australia and has advised on governance disputes at national and state levels, including matters involving bullying in equestrian sport. We understand how these organisations operate.

Buying and selling horses

Regulations in the equine industry are constantly evolving. Equestrian Australia’s General Regulations were last updated on 1 February 2026.

For equine transactions, a horse sale contract is essential. It is a legally binding agreement that sets out the sale’s terms and conditions and protects both parties.

Other issues that can arise in horse transactions include ownership disputes, warranty disputes, and misrepresentation. If you buy a horse from a business, such as a breeder or dealer, consumer guarantees under the Australian Consumer Law may also apply if the horse is not fit for purpose. Private sales are generally not covered.

We have written in detail on the importance of a properly drafted horse sale contract, and on the legal considerations for buyers and sellers in Australia.

Seeking advice

Beyond horse transactions and governance matters, Koffels advises on equine law issues involving:

• cross-border and international matters
• ownership, agistment, and leasing
• injury, negligence, and insurance, including riding accidents and claims involving dangerous recreational activities

Safety in equestrian sport remains an ongoing concern, and we have argued that generational change is needed.

To learn more about our equestrian and equine law services and read our frequently asked questions, visit our equestrian and equine law page, or contact us confidentially below.