Equestrian & Equine Law

A horse sale contract should clearly identify the horse (including microchip number), the purchase price and payment terms, any warranties given by the seller regarding soundness, fitness for purpose, or competition history, the conditions under which the buyer may rescind the contract, and what happens if a veterinary examination reveals an issue. Without clear warranty provisions, disputes about a horse’s health or suitability after purchase can be difficult and costly to resolve. Australian Consumer Law may imply certain guarantees into a sale, but relying on implied terms is a poor substitute for a well-drafted contract. Koffels prepares and reviews horse sale contracts for buyers and sellers.

Possibly, depending on the circumstances of the sale. Under Australian Consumer Law, a consumer guarantee of acceptable quality applies to goods sold in trade or commerce. Whether this applies to a horse sale depends on whether the seller is a business or a private individual – consumer guarantees do not apply to purely private sales between individuals. Where a guarantee does apply and the horse fails to meet it, the buyer may be entitled to a refund, replacement, or compensation. Misrepresentation by the seller, whether or not consumer guarantees apply, may also give rise to a right of rescission or damages. Koffels advises buyers and sellers on disputes arising from horse sales.

An agistment agreement is a contract under which a horse owner pays another party to keep and care for their horse on their property. It governs the responsibilities of the agistor (the person providing care), the fees payable, liability for the horse’s injury or death, and the circumstances under which the arrangement can be terminated. Without a written agistment agreement, disputes about who is responsible for veterinary costs, injuries, or a horse that goes missing or dies while in another person’s care can be very difficult to resolve. Koffels drafts and reviews agistment agreements and advises on disputes arising from agistment arrangements.

A horse racing syndication allows multiple investors to share ownership of a racehorse and the associated costs and returns. In Australia, racing syndicates are regulated at both state and federal levels – depending on the number of investors and how the syndicate is structured, registration requirements under the Corporations Act 2001 (Cth) or state racing authority rules may apply. A well-structured syndication agreement should address ownership shares, management responsibilities, trainer and agistment cost allocation, decision-making processes, and the procedure if an owner wants to exit or the horse needs to be retired or sold. Koffels advises on syndication structures for thoroughbred and performance horses.

Liability depends on the terms of the agreement between the owner and the trainer or agistor, the circumstances of the injury or death, and whether negligence can be established. A trainer or agistor owes a duty of care to take reasonable precautions for the safety of horses in their care. If that duty is breached and the horse is injured or dies as a result, the owner may have a claim in negligence. Many agistment and training agreements include limitation of liability clauses – the enforceability of those clauses depends on how they are drafted and whether they are reasonable in the circumstances. Koffels advises horse owners and industry professionals on liability disputes.

Non-selection decisions by equestrian governing bodies can be challenged in certain circumstances, particularly where the selection process did not follow published criteria, was affected by bias or improper conduct, or where procedural fairness was not observed. The availability and nature of any challenge depend on the rules of the relevant governing body and the basis for the decision. Koffels has experience with equestrian governance disputes at both state and national levels, including action against Equestrian Australia, and can advise on the prospects and process for challenging a non-selection decision.