A principal impediment to the conduct of strategic public interest litigation in Australia by animal societies has been the risk of an adverse costs outcome in a difficult or lengthy case. With the establishment in mid-2010 of the Animal Justice Fund, this difficulty stands to be addressed in an appropriate case. The Fund provides the missing link in the legal armoury.

The Animal Justice Fund will be administered by Animals Australia. The Fund uses the Panel as a principal source of legal advice and intends to work in collaboration with the Panel in future strategic public interest litigation.

The Fund’s launch was enabled by a Tasmanian benefactor, Jan Cameron (founder of the Kathmandu chain) who has offered to provide up to $1 million per year over five years, that is, $5 million in total, to enable the conduct of public interest litigation; second, the gathering of evidence by rewards of up to $30,000 for evidence which leads to successful prosecution for animal cruelty, or what is judged by the AJF to be a significant animal welfare outcome; and third, public education campaigns. The website may be found at www.animaljusticefund.org.

Such rewards are thought to be necessary because, in Victoria for example, the vital power to permit random inspection of premises (such as a battery hen shed housing thousands of birds) lies tightly controlled by the Minister for Agriculture. The power is exercised sparingly. There is the further practical challenge in gathering evidence where one would need a departing employee to make a complaint (infrequent) or the co-operation of the particular producer (unlikely).