The Federal Court of Australia has handed down a unanimous judgment dismissing the appeal brought by Bruce McHugh seeking the acceptance of artificial insemination in Australian thoroughbred breeding and racing.
The decision upholds the judgment handed down by Justice Robertson in the Federal Court in 2012.
The judgement and dismissal of McHugh’s appeal upholds the rules of the Australian Stud Book relating to the natural breeding of thoroughbred horses and finds the Australian Rules of Racing to be valid and enforceable.
The three Appellant Judges unanimously rejected McHugh’s claim that the rules were a restraint of trade.
Justice Robertson had previously found those rules not to be anti-competitive which McHugh did not contest at the appeal.
As a result, the ASB and Australian Rules of Racing allowing only naturally conceived horses to be bred and raced as thoroughbreds remain unchanged
TBA President Trevor Lobb hailed the decision as "wonderful" while Australian Racing Board chairman John Messara said he was relieved the issue had been put to bed.
“A great deal of industry time and financial resources have been spent over the past five years defending this matter,” Messara said.
“The issue of artificial insemination is settled once and for all. We have said from the outset that our sport was not anti-competitive or a restraint of trade as proponents of AI are perfectly free to establish their own industry. Fortunately the Federal Court agreed with us."
“Racing and breeding has many challenges now and into the future and the finality of this case will allow us to concentrate fully on what matters most to participants, punters and stakeholders.”