Mylo

VCAT President, Garde J, in separate hearings today in respect of Jade Applebee as Kerser’s owner and Jessica Gray  as Mylo’s  owner heard submission’s from the parties on whether the new Standard gazetted on 31 January 2014 should apply in determining whether each is a restricted breed dog.

Panel counsel, Richard Kendel QC and Andrew Felkel, appeared for Ms Applebee and Ms Gray at each hearing, instructed at the Kerser hearing by Daniel Beecher of Phoenix Legal Solutions and at the Mylo hearing by Alysha Tuziak of Turks Legal, Melbourne.

The City of Monash decision to declare Kerser a restricted breed dog was made under the former Standard. The City of Brimbank decision in respect of Mylo was also made under the former Standard.

In the Panel’s view the new Standard is an attempt by the Agriculture Minster, Peter Walsh, to thwart the effect of the Supreme Court decision in Dudas requiring high or substantial compliance with the Standard (before a dog can be declared a restricted breed dog).

The Minister sought and obtained leave to intervene and make submissions, contending the new Standard applies to Kerser and Mylo. Panel counsel contended that the new Standard cannot apply to Kerser and Mylo.

The President indicated he would deliver his judgement in about two weeks. Panel counsel have also reserved the right to challenge the validity of the new Standard.

Kerser with Jade Applebee