“Attwood Marshall is one of the few legal firms that provide specialist advice in the Thoroughbred industry”
Thoroughbred Breeding and Racing
Attwood Marshall is one of the few legal firms that provide specialist advice in the Thoroughbred breeding and racing industry. Our experienced lawyers across the Gold Coast, Brisbane and Northern New South Wales are proud to deliver expert legal service in all aspects of this unique industry in both Queensland and New South Wales.
With highly specialised knowledge, experience and practice in the business aspects of the horse racing industry, Attwood Marshall Lawyers can advise and guide you through the complexities of the regulation surrounding buying and selling racehorses, business structuring, taxation, compensation, disputes and more.
Our Thoroughbred Breeding and Racing Department is headed up by our Legal Practice Director Jeff Garrett who is an experienced lawyer in this area and a commercial breeder and racehorse owner himself. His firsthand knowledge of the industry and ability to communicate easily with those involved with horse racing and breeding are the reasons our clients keep coming back to us.
Jeff’s only complaint is that he spends more time talking about the horses than about the work!
Our Services for the Horse Racing Industry
At Attwood Marshall, our team of dedicated lawyers is available for advice and guidance surrounding the business aspects of this highly specialised industry.
Our legal services include:
Stallion and Racehorse Syndications
Sharing the ownership of a racehorse with the original purchaser or breeder comes with a number of legal matters to consider.
Syndicators must hold an AFS (Australian Financial Services) License granted by ASIC (the Australian Securities & Investments Commission) to ensure they adhere to a recognised code of conduct. All share offers must also have a PDS (Product Disclosure Statement) and be approved by the relevant racing authority.
Regulation is necessary for the syndication of stallions and racehorses to maintain fair transactions, the integrity of the investment and the integrity of the market. We can advise all industry participants before the purchase of shares and throughout the period of horse ownership to make sure all parties are treated fairly and receive their rights.
Legal advice is especially important for those with little or no prior ownership experience because a lack of knowledge about the industry can add significantly to the investment risk.
Business Structuring for Breeders and Owners
If you are commencing or restructuring your business in Thoroughbred breeding, racing and/or ownership, the expert lawyers at Attwood Marshall can assist you with creating a viable business plan, financial projections and industry benchmarking reports to ensure your success.
We can also perform a thorough assessment of your operation under the Business vs. Hobby test to make sure you are meeting the necessary criteria for future tax purposes and GST registration.
With specialised industry experience and a firm grasp of all the legal and financial implications of various business structures, we can provide professional and detailed advice to help you get your business on the right track. Setting it up correctly right from the start will give you the best chance of maintaining sustainable and profitable operations while meeting all your necessary regulatory requirements.
The Thoroughbred industry can be a very lucrative one, but its unique nature means there are many aspects to consider. Start off on the right foot with Attwood Marshall’s specialised business advice.
Taxation Advice and ATO Racing Industry Audits
The Australian Taxation Office (ATO) has recently cracked down on the horse racing industry in Australia, highlighting the need to make sure all your activities are fully compliant with current taxation laws and regulation.
The team at Attwood Marshall is available to help you understand and meet your tax obligations, as well as provide personalised advice to ensure you’re correctly adhering to regulation without over-paying.
We can assist you with developing strategies to ensure compliance and take full advantage of any tax depreciation rules available for livestock. We can also provide a full case submission analysing your activities and operation in view of an audit by the ATO.
Our specialist advice also extends to assisting foreign owners and breeders minimise the impact of Australian tax law and comply with their filing requirements. And if you need to attend discussions or information requests with the ATO, our professional representation can help lead to a positive outcome.
Compensation Claims for Injured Jockeys and Staff
If you are injured while riding in a race or during the course of your work in the Thoroughbred breeding and racing industry, you are entitled to a full range of workers compensation entitlements prescribed under Queensland and New South Wales legislation.
Laws and entitlements vary between states and territories, as well as industries. Time limits also apply, and if you delay your claim you may not be compensated. It’s vital that you seek out prompt and reliable legal advice as soon as possible after an injury to make sure all your rights are fulfilled.
At Attwood Marshall, we have extensive experience in all aspects of workers compensation on both sides of the border and can guide you in the best steps to take. No matter where you’re located or which law you’re covered by, we can advise you of your legal rights.
Act quickly and correctly after an injury with a lawyer who knows how to go about it and will be on your side from beginning to end.
Appeals for Trainers and Jockeys
The appeal process for trainers and jockeys in the horse racing industry varies by state. In Queensland, appeals must be lodged with the Racing Disciplinary Board (RDB) while in New South Wales, appeals need to go through Racing NSW (RNSW). In both states, appeals need to be lodged within the specified time limit.
The dedicated lawyers at Attwood Marshall are experienced in the appeal process on both sides of the border, and have the state-specific knowledge and practice to guide you through your preparation and hearing.
We can assist and advise you before, during and after the appeal hearing and will ensure all the correct procedures are followed and paperwork is lodged. We can also represent you during your appearance before the board, giving you the best possible chance of a favourable outcome.
Following the appeal, if you choose to have the decision reviewed, we can guide you in taking the next step.
Litigation for Contract Disputes
Contract disputes are a difficult, draining and time-consuming process. But with an experienced litigator on your side, any contract disputes in horse racing will be dealt with promptly and fairly to guide the outcome to the most favourable one possible for all parties involved.
Our Thoroughbred breeding and racing specialty means that any contract disputes over the sale, purchase insurance, ownership and more will be handled by an expert in the field. We can assist you with negotiation, mediation, legal advice and representation to make the process as smooth and simple as possible.
With the right lawyer from Attwood Marshall, you can get the right results for your position and investment.
Book an Appointment with our Specialist Lawyers Today
Contact Attwood Marshall today for leading advice in all things Thoroughbred breeding and racing. As the lawyers who know horses, our legal services are available to anyone involved in the horse racing industry including agents, breeders, owners, jockeys, trainers, industry associations and more.
Freecall 1800 621 071
T: 07 5536 9777 F: 07 5536 9755