Consultancy Service to the Legal Profession in Animal Related Litigation Matters

Who are we?

We are a group of veterinarians and other university trained professionals who have different specialist areas of expertise across a wide variety of animal species. We are proud of our network of contacts both within Australia and overseas and our record of being able to identify experts for sometimes unusual cases.

We deal with all animal species - eg Horses, Dairy Cattle, Alpacas, Sheep, Beef Cattle, Goats, Dogs and Cats. The business started in 1987 concentrating on horses, as the principal of this business (Dr. John Stewart BVSc (Hons) MRCVS) has specific horse expertise and at that time was Director of Horse Management Studies at Marcus Oldham College.

Who Do We Work For?

Usually we are engaged by the clients' legal representatives or insurance company or loss adjuster.

How Can We Help?

We provide independent unbiased advice. Usually this involves offering an expert opinion by writing a report, which may be followed up by attending as an expert witness at a court hearing or a pre-trial conference.

Some examples in the animal industries of matters where our input may be useful include the following:

• Negligence claims between suppliers of products and services, and the user.

• Disputed animal Valuations, in for instance insured animals where loss has been suffered as a result of mortality or loss of use.

• Breach of contract.

• Alleged cruelty.

Some examples in the horse industry of matters where our input may be useful include the following:

• Assessment of lost earnings for people who have been involved in accidents which have prevented them from working in the horse industry or reaching their full potential in the horse industry.

• Negligence claims against people who are running horse related businesses or for clients who are alleging negligence against an employer or another party.

• Safe work practices in the area of occupational health & safety

• Valuing horses.

• Working with insurance companies & loss adjusters in the event of a mortality or loss of use claim.

• Appearing at drug inquiries where a positive swab has been “called”.

Dr John Stewart discusses a matter at a
pre-trial conference

"No one will deny that the law should in some way effectively use expert knowledge wherever it will aid in settling disputes. The only question is as to how it can do so best."

Judge Learned Hand,

Harvard Law Review 1900

Brief Outline of Recent Cases

• Case in which horse escaped from agistment property and caused a motor vehicle accident. Opinion sought on whether fencing and containment system to prevent horses escaping off the property was adequate.

• Opinion sought on whether horse's behaviour, or rider's competency or show organisers' facilities and staff were contributory to an injury to a show rider.

• Opinion sought when a rider had a fall while “trying out” a horse before making purchase decision.

• Opinion sought in matter where one jockey was suing another jockey for negligent riding resulting in a race fall.

• Opinion sought on interpretation of pathology results.

• Opinion sought on case of severe weight loss and suspected poisoning in beef cattle.

• Assessment of lost earning capacity for professional rider and riding instructor injured in one day event.

• Opinion on bull behaviour following accident to member of public at a rodeo.

• Opinion on whether horse should have been allowed to race following medical examination.

• Opinion sought on whether horse's behaviour, rider's competency or construction of cross-country fence were contributors to an injury to a rider who fell at a one-day event.

• Dispute over frozen semen straws accidentally thawed and subsequent loss of income by owner of straws.

• Opinion sought on contributors to mastitis problem in a herd of dairy cattle and associated economic loss where a farmer had installed a new milking machine plant.

• Opinion sought in “dog bite” incident.

• Valuation requested on a riding horse which had some years beforehand been injured in a motor vehicle accident.

• Opinion and valuation on a horse which got out of its paddock and was injured.

• Valuation on Alpacas.

• Valuation on a group of stud sheep, which were mistakenly picked up by a livestock carrier and slaughtered at the abattoir.