Abalone Virus Class Action
The action
Maurice Blackburn has been instructed to commence an
action on behalf of a group of Victorian abalone licence-holders
and abalone divers. The action seeks to recover financial losses
suffered by them due to the spread of a lethal abalone virus known
as Abalone Viral Ganglioneuritis. The virus is a herpes-like
virus which causes inflammation of the nervous tissues in the
abalone, interfering with its ability to properly adhere to
surfaces or feed. It has caused substantial deaths in wild
abalone populations as it has spread along the coastal waters of
Victoria from Portland, with abalone death rates of 90% recorded in
some cases.
The virus was first reported in Australia on December
2005, when two abalone aquaculture farms in western Victoria
(Portland and Port Fairy) experienced unusually high levels of
abalone deaths. The Victorian State government began
investigations at this time.
It will be alleged in the actions that:
- the farms took inadequate precautions to stop the spread
of the disease and its escape from the farms
- the government was negligent in failing to require
appropriate biosecurity measures at the farms when it initially
licensed their operations, and
- the government was negligent in failing to require the
two infected farms to halt operations or stop discharging virus
laden effluent water into the ocean. Although the government
declared the virus an 'exotic' disease under the Livestock
Diseases Control Act 1994 on 7 February 2006, the farms were
allowed to continue to discharge effluent.
Abalone licence-holders and divers are claiming various
losses including:
- reduction of annual abalone harvest quota
allowed
- decreased abalone sales
- reduction of profits, and
- reduction of value of abalone license.
Registration of
interest
The proposed litigation is being funded by the international
litigation funding company Omni Bridgeway, which is paying the
upfront legal costs and disbursements of the action and meeting the
risk of the other side's costs.
Abalone license-holders, including abalone fishery access
license-holders and divers, who have suffered loss due to the virus
may register interest in being part of this action by emailing us
at abaloneca@mauriceblackburn.com.au.
Registering with us does not make you a client of the firm and does
not require the payment of any legal costs. Further information and
an invitation to retain us as your lawyers will follow from your
registration.