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Man spends $15k defending kelpie ruled ‘menacing’ by Charles Sturt Council

A man whose kelpie was ruled “menacing” by Charles Sturt Council spent $15,000 appealing the decision in the hope of preventing his dog from being forced to wear a muzzle in public.

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A man whose kelpie was ruled “menacing” by Charles Sturt Council spent $15,000 unsuccesfully appealing the decision in the Civil and Administrative Tribunal.

The council also stumped up more than $7000 to fight the appeal.

Josip Ivka, of Woodville Park, engaged Mellor Olsson Lawyers to fight his case at the tribunal in the hopes of overturning a control order that forced his kelpie, named Roko, to be muzzled in public.

The council, represented by Dale Mazzachi of Norman Waterhouse Lawyers, won the appeal.

Messenger Community News last week reported that the order was issued after the dog bit a visitor to Mr Ivka’s home on the face.

A file photo of a kelpie at Burnside Wading Pool. Picture: AAP/Emma Brasier
A file photo of a kelpie at Burnside Wading Pool. Picture: AAP/Emma Brasier

The man had been working on Mr Ivka’s ute and was attacked as he stood up.

The man was hospitalised for five days and required a lip reconstruction.

Speaking last week, Mr Ivka said he was upset by his legal costs and maintained he should never have needed to appeal an order.

“You lose faith in the system,” he said.

“It was a freak accident that happened on my property. It’s not an American pitbull — it’s an Australian kelpie as loyal as anything. It’s a dog I have complete and utter control of.”

Mr Ivka said he tried to reach a private resolution with the council but “they would not budge”.

Under the Dog and Cat Management Act, a tribunal case is the official way to handle a dispute over a pet control order.

A Charles Sturt spokeswoman said Mr Ivka had been given the opportunity to lodge an objection to the order, but the council still felt compelled to issue it.

“Mr Ivka provided a submission … however, taking into consideration the serious nature of the attack and the possibility of a future attack, the council issued the control order … in the interests of public safety,” the spokeswoman said.

Tribunal executive senior member Mark Stevens, in his judgment last month, said the dog had the potential to attack more people in future, which could “involve the risk of serious harm”.

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Original URL: https://www.adelaidenow.com.au/messenger/west-beaches/man-spends-15k-defending-kelpie-ruled-menacing-by-charles-sturt-council/news-story/a8291aec3f5c2e6c1d9a643704f9e987