Animal Law Institute is empowering pet owners to fight back against puppy farms

A woman who unknowingly bought a sick, worm-infested puppy and took the seller to VCAT has won. But with dodgy breeders increasingly forging identities and documents to appear legitimate, pet owners are being urged to fight back.

Avishan and Ryan Bird with Nala, who is healthier now but still needs ongoing medical care. Picture: Erin Germantis

“Where did you get this dog from? This dog is about to die.”

Those were the last words Avishan Bird had expected to hear from a vet about the pedigreed eight-week-old beagle she had bought just three days prior.

The lawyer had purchased the puppy from someone she was led to believe was a reputable breeder, who had produced health and vaccination records, microchipping details and a Dogs Victoria registration number as advertised on Gumtree.

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Mrs Bird had even visited the seller and seen the clean, family environment in which the puppy, Nala, had allegedly been bred.

But within days Mrs Bird realised the so-called purebred and healthy beagle was sick and worm-infested.

Further investigation revealed the Dogs Victoria registration number was fake and the veterinary documents had been forged.

“(The seller) had gone to such lengths to forge documents and use fake names to appear legitimate,” Mrs Bird said.

“We thought we had done everything right, but we were told we could not meet the parents of the dog — I think that should have triggered alarm bells.”

Mrs Bird and the Animal Law Institute (ALI) took the case to VCAT, arguing under Consumer Law that sellers and breeders were liable to pay veterinary costs if the pet had an undisclosed health condition at the time of purchase.

The tribunal agreed, in November ordering the seller to pay $15,521.96 in compensation for Nala’s past and future vet bills.

Animal Law Institute director Anastasia Smietanka with her rescue dogs Lizzie and Honey. Picture: Josie Hayden

ALI director Anastasia Smietanka said puppy farmers who profited from the suffering of dogs, such as Nala, needed to be held to account.

“Nala’s case is about holding her breeder’s accountable for the cruel consequences of their negligent breeding,” Ms Smietanka said.

Nala is now three years old and doing better, though still required ongoing healthcare.

“We hope that our case opens the doors for people who have experienced similar issues with breeders,” Mrs Bird said.

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I BOUGHT A SICK PET — NOW WHAT DO I DO?

If your pet had an undisclosed health issue at the time of purchase, you may be able to take legal action against the seller or breeder without needing a lawyer.

Such matters would be heard at VCAT.

Ms Smietanka said, under Consumer Law, if a product you buy failed to meet a consumer guarantee, you have the right to ask for a repair, replacement or refund.

“As we are talking about animals, buyers can often form an emotional attachment to them so they may not want a refund or replacement, but you may be able to remedy the disease they have,” she said.

Ms Smietanka said the condition needed to be something a reputable breeder should have known about, such as a worm infestation.

“You need to be able to show negligence in breeding,” she said.

“There are examples that wouldn’t apply — for example it is well known that pugs can have respiratory problems or if you adopted a rescued animal that has problems.”

As part of Law Week, the ALI will workshop hypothetical scenarios and answer questions about action pet owners could take.

I bought a sick pet — now what do I do? is on May 13, from 5.30-7pm at Maurice Blackburn Lawyers in Melbourne.

“We’ll go through how you may be able to take action, what evidence you need,” Ms Smietanka said.

“You can’t claim willy-nilly but you may be able to claim future vet costs if the animal requires ongoing care.”

She warned potential pet buyers against purchasing through Gumtree, advised them to visit the property where the animal was bred and insist on seeing its parents.