Artificial Insemination Appeal Dismissed

ARB Chairman John Messara AM has welcomed the Full Federal Court's dismissal today of Mr McHugh's appeal against the December, 2012 decision by Justice Robertson upholding the rules of the Australian Stud Book (ASB) rules and the Australian Rules of Racing prohibition on artificially inseminated horses.

The three Appellant Judges unanimously rejected Mr McHugh's claim that the rules were a Restraint of Trade.

Justice Robertson had previously found those rules not to be anti-competitive which Mr 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.

"A great deal of industry time and financial resources have been spent over the past 5 years in defending this matter," Mr 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." he said.

"Racing and breeding has many challenges now and into the future and the finality of this case will allow to concentrate fully on what matters most to participants, punters and stakeholders" Mr Messara said.