Am I eligible to join the class action?

The class action will be open to you if you are a person, business, club, association or not-for-profit organisation that suffered economic loss as a result of the spread of equine influenza in 2007, and if you meet any one of the following criteria:

If at any time during the period from 8 August 2007 to 30 June 2008, you:

(a) owned or occupied land, on which horses were kept or stabled

(b) owned or occupied stable facilities for horses

(c)  owned, part-owned or managed a horse, including a stallion or mare, or ran a horse syndicate, whether or not the horse contracted equine influenza in that period

(d) provided transport facilities or transport means used for the purpose of transporting horses (in relation to the carrying on of a business or to activities carried out by a club, association or a not for profit organisation)

(e) provided agistment services for broodmares, foaling down services and/or yearling preparation services (in relation to the carrying on of a business or to activities carried out by a club, association or a not for profit organisation)

(f) provided recreational horse riding services (in relation to the carrying on of a business or activities carried out by a club, association or a not for profit organisation)

(g) organised horse events, including but not limited to horse show events, horse sale events, horse racing events, dressage events and rodeos (in relation to the carrying on of a business or to activities carried out by a club, association or a not for profit organisation) and those events were scheduled to be held during the period from 8 August 2007 to 30 June 2008

(h) provided coaching or tuition services in relation to horse racing, dressage, horse riding, reining, or other activities associated with horses (in relation to the carrying on of a business or to activities carried out by a club, association or a not for profit organisation);

(i)  worked as a:

(i) farrier

(ii) horse trainer

(iii) jockey

(iv) groomsman or groomswoman

(v) veterinarian

(vi) clerk of scale

(vii) steward

(viii) bookmaker

(ix) stock agent

(x) equestrian coach, riding coach or as a coach in relation to horse racing, dressage, or other associated horse activities, or

(xi) in any other position insofar as that position relates to the horse industry

(j) were issued with a notice or direction under the Quarantine Act 1908 in relation to the outbreak of equine influenza in Australia.

You will also need to enter into a litigation funding agreement with Argentum Litigation Services Ltd (Argentum), in order to be represented in the class action.

Who is Argentum?

Argentum Litigation Services Ltd is a litigation funder. All costs and risk will be fully underwritten by Argentum. There are no out of pocket costs or risks to you, but you will be asked for some of your time to establish your circumstances.

If the action is successful, the costs of the proceedings, which will include expert evidence fees, legal costs and interest, will be shared across the class. If – and only if – the case is won, Argentum will be paid 27.5% from the net settlement or judgment proceeds after payment of costs.