UPDATE: CHIEF Justice Tim Carmody received submissions and argument that the quarantine notice was void and illegal. The decision was reserved and the action adjourned by the Chief Justice to determine in the near future.
THE Bovine Johne’s Disease (BJD) outbreak which rocked the Queensland cattle industry has been brought before the Supreme Court of Queensland and Chief Justice Tim Carmody this morning.
Vanrook and Inkerman Station will be represented by Emanate Legal’s Michael Day and Barry Taylor at the hearing. The Department of Agriculture asked the court for an adjournment, but Justice Carmody refused and the case will resume at 2.30pm (Queensland time).
The disease was first detected in November 2012, triggering a massive ‘trace-forward’ as investigators issued quarantine orders to restrict movement of cattle while suspect herds were sampled on the stations.
There are three recognised strains of Johne’s disease in Australia: cattle strain (bovine), sheep strain (ovine) and bison strain.
The bison strain is more commonly found in India, Africa and North America, despite being the primary cause of the Queensland outbreak.
Cattle strain is distinct from bison strain which has occurred on the stations.
The Emanate legal team said the case is concerning jurisdictional fact, a necessary precondition to the exercise of the power to issue the quarantine notice, namely the evidence existence of a “cattle” strain of BJD was absent.
The quarantine notice was issued illegally and has no effect, becoming void to the Queensland Stock Regulations relating to BJD cattle strain.
No cattle on Vanrook or Inkerman Station have been found with traces of cattle strain, and therefore the notice is legally and factually invalid, they said.
The first quarantine notice prompted by the Department of Agriculture, Fisheries and Forestry empowered a stock inspector to issue targeted properties with suspicion of cattle strain.
In the regulations the definition of BJD is limited to the cattle strains of the disease.
Emanate Legal argue the quarantine notices were unfairly issued with the DNA analysis proving no clear link to cattle strain. Further tests found no bull or cow has been infected with BJD.
The North Queensland Register will be following the court proceedings and will update information during the day.
