Our Work: Nala’s Matter
Holding negligent puppy farmers accountable using the consumer law.
Nala is now one of the lucky ones – but she didn’t start out that way.
When Nala was born, she was so severely infested with worms and emaciated that she almost died. Her family realised something was wrong soon after they purchased her and sought urgent care. The treating vet reported that Nala's worm infestation would have been passed onto her from her fur Mum in utero.
Somewhere, Nala's fur Mum continues to suffer – if she is still alive.
In July 2018, volunteer lawyers from the Animal Law Institute (ALI) launched legal action against Nala’s breeders to hold them accountable for the cruel consequences of their negligent breeding.
Three months later, the Victorian Civil and Administrative Tribunal (VCAT) handed down its judgment – in Nala’s favour!
Our lawyers were successful in creating a legal precedent to discourage negligent breeding and puppy farming in the future. Nala’s breeders were ordered to pay over $15,000 for past and future medical expenses.
A volunteer who attended Court and heard the Member's Tribunal judgment has summarised his verbal decision (there is no formal written decision) as follows:
The Member made Orders in favour of Nala’s human parents
Damages were awarded totalling $15,521.96, specifically:
$1000 towards Nala’s purchase price
$3,255.96 for past veterinary expenses
$11,266 for ongoing food and medication over ten years (Nala’s approximate life expectancy)
The VCAT application fee of $212.50 was also to be paid by Nala’s breeders
These costs were to be paid by no later than 14 November 2018
Image: Nala’s Family and Legal Team Outside VCAT.
Some additional points of note regarding the Member’s line of questioning and deliberation are below:
The Member noted the absence of Nala’s breeders and, as such, was comfortable to award in favour of Nala’s human parents, subject to the claim being proved to his satisfaction
The elements of the law to be made out under the Australian Consumer Law, the Member did not question
Rather, his concentration centred around the basis of monetary amounts requested (i.e. how the costs set out had been arrived at and what evidence there was in support), including:
Payment for Nala
Past and future veterinary expenses
Past and future costs for special food and anti-nausea medication
Damages for distress and disappointment
This highlighted the importance of ensuring the calculations and supporting documentation underpinning each cost claimed was understood and could be detailed at the hearing.
ALI thanks its volunteer legal team – Malcolm, Anastasia, Amanda, Greta and Tess – for their tireless work over more than 12 months on this case.