Australian court case could change face of horse breeding

A COURT case in Australia could prove a watershed in the horse breeding industry.

Currently racehorses must have actual sex for their foals to be considered thoroughbreds. But Australian breeder Bruce McHugh says that’s wrong and has sued to void the rule Down Under. If he wins, he might change horse breeding worldwide.

McHugh, former chairman of the Sydney Turf Club, filed his case to the Federal Court of Australia. He argued artificial insemination is common in other types of breeding.

A win “will bring thoroughbred racing into the 21st century”, McHugh said of his case, which is set to go to trial in Sydney on August 29.

The lawsuit is rattling a multi-billion dollar global industry. Each year owners of the world’s most-prized horses send so-called shuttle stallions around the world to breed with mares, collecting fees which have exceeded €230,000 per mating.

A court victory for McHugh could make Australia a trend-setter, tempting stud book operators around the world to follow its lead. Alternatively, if no one followed Australia’s lead, that country might find itself shut out of the racing industry.

“US, British and other regulators might ban the progeny of Australia’s artificially inseminated mares from their tracks,” said Paul Higgins, owner of Baerami Thoroughbreds in Hunter Valley, the world’s second-biggest horse-breeding region after Kentucky.

“I think the initial stance would be very hard. Things will soften very quickly and they’ll eventually be saying we’re at the forefront.”

Gerald Ng, lawyer for the Australian Racing Board Ltd said: “Horse breeders are motivated by recognition and pursuit of prestige.” Tony Hartnell, a former chairman of the Australia Securities and Investment Commission, plans to testify in support of McHugh.

To be eligible to race, thoroughbreds must be registered in a recognised stud book. In Australia the stud book dates back to 1878, when the first one was compiled by William C Yuille, sports editor of the Melbourne Weekly Times.

Racing associations in other countries keep stud books. More than 70 stud book authorities are members of the International Stud Book Committee.

The prohibition of any form of artificial insemination was one of the first issues discussed when the committee met for the first time in Paris in 1976.

Michael Ford, keeper of the Australian Stud Book, had told the Brisbane Times in 2009 that it would be “definitely foolish” for Australia to allow artificial insemination unilaterally.

McHugh, a would-be breeder, said in court papers that allowing artificial insemination will reduce costs for both owners of stallions and mares, since transportation of the horses for a physical get-together could be eliminated.