HORSE LAW AUSTRALIA

TACTICS

 

PROOF

  • Their word against yours is not very helpful in Court. Words can and do constitute a 'verbal contract' but you have to prove it to convince the Court.
  • Documentary Evidence is all powerful. Registration papers, Newspaper Advertisements. Copy of Internet Adverts and so on. Emails from the Seller to you.
  • Proof provided by experts.
  • Video and Photographic evidence
  • X-Rays

WITNESSES

  • Your friends who were with your at the point of sale and heard the conversations.
  • The Veterinary Surgeon, EFA Coach, Horsemen and so on.

WARNINGS

  • Do not wait or spell Horses. Get onto them the day after they arrive and keep onto them until you have found and can prove the problems. Time lapses is the wrong way to go
  • DO NOT use Chiropractors, Physio's, Bowen Therapists or anyone else, to try to fix Horses.!!!!
  • Investigate problems with Registered Vets, scans, x-rays. nerve blocks but DO NOT allow treatment!!!

 

YOUR BEHAVIOR

  • If things go wrong with your purchase, DO not get emotional or nasty with the Seller. Remain reasonable and nice. Ask for them to take the horse back and give you a refund if you have good and proper grounds, NOT upon any frivolous change of mind.
  • If they refuse, immediately put the request to them in writing and give them 21 days to pay, take the horse back etc.
  • Do not talk to them again.
  • Phone calls are a waste of time and not helpful in Court.
  • Stay nice, write nice, keep it simply, stick to the brief main points.
  • Do not get involved in any personal stuff. It will come back to 'bit you on the bum' in Court.

 

COURT MANNERS

  • Be gracious, be willing to negotiate, be well mannered, dress well.
  • DO NOT ADDRESS THE DEFENDANT, do not look at the defendant when you are both standing at the table.
  • Keep the smart faces off yourself, do not make sarcastic comments, stick to the main points.

ABOUT THE JUDGE

  • They are all there to help the innocent and aggrieved.
  • They are all very wise and fair people.
  • They can read your mind and character as well as that of the defendant.
  • They do not like smart asses. They have seen too many of them already.
  • Address them as 'Your Honor' or at least Sir/Madam.

 

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