Lawyers for Artificial Insemination (AI) litigant Bruce McHugh have made application to lodge an appeal against a Federal Court judgment in December.
Justice Alan Robertson dismissed McHugh’s legal action before Christmas ruling the refusal to register horses bred via artificial insemination was not a restraint of trade.
The request will be made before three Federal Court Judges and the decision should be handed down in short order according to a report in www.equine-reproduction.com
Under international rules, only horses that are conceived by “direct cover”, where the stallion directly inseminates the mare, can be registered, which allows them to race and breed. Any country legalising AI would be effectively isolated from the rest of the racing world.
The lawsuit was defended by six co-respondents – Australian Turf Club, Victoria Racing Club, Australian Racing Board, Thoroughbred Breeders Australia, Racing Information Services Australia and Australian Stud Book.