Wool case advances

A decision by the Federal Court of Australia on September 16 has given Australian Wool Innovation and our wool industry co-applicants the green light to pursue legal action against PETA Inc in Australia and the US.
The Court dismissed the strikeout application lodged by PETA's President Ingrid Newkirk against AWI's Statement of Claim. As a result of Ms Newkirk's unsuccessful strikeout application, she must pay AWI's costs in relation to her strikeout motion.
The Federal Court gave AWI leave to proceed with the main thrust of its claims against PETA. AWI's statement of claim includes an intimidation claim and a conspiracy claim together with breaches of sections of the Trade Practices Act which are; section 52 misleading and deceptive conduct; section 45D illegal secondary boycott conduct; section 45DB illegal secondary boycott conduct hindering international trade and section 75B aiding and a betting a breach of the Trade Practices Act.
The Federal Court struck out only the conspiracy claim and the Section 45DB claim under the Trade Practices Act against Ms Newkirk and two others, but all claims will continue against the other respondents including PETA Inc.
PETA has tried to put a positive spin on the Federal Court's decision, but the fact is that PETA is now on the back-foot as a result of AWI's legal strategy. Ms Newkirk, PETA and the other respondents now face trial over their malicious campaign against Australian woolgrowers.
AWI will pursue PETA for damages and court orders to cease their campaign against Australian woolgrowers and global retailers.
As far as we are aware, only one other company has successfully stood up in the courts against the intimidation and harassment dished out by PETA.
The outcome in the Federal Court will give Australian woolgrowers great heart and the decision vindicates the legal action that AWI has taken with the support of its 104 co-applicants and the national industry peak councils and state farmer organisations.
The Australian Wool and Sheep Industry Taskforce will continue to take whatever action is necessary to protect Australia's woolgrowers and down-stream industry participants.
Deputy CEO
Australian Wool Innovation
Sydney, NSW