Trainer and Owner Reforms

Jai Warner • June 26, 2017

Racing Australia is introducing new reforms commencing 1 August 2017. First announced in November 2016, these measures are known as the Trainer and Owner Reforms (TOR) and have been incorporated into the Australian Rules of Racing.

TOR Rules
The reforms will operate pursuant to the TOR Rules, which are part of the Rules of Racing. As you are a person bound by, and subject to, the Rules of Racing, you will also be required to comply with the TOR Rules - they are mandatory.

Key Benefits
-The reforms are intended to provide greater certainty and clarity in the relationship between owners and trainers as well as between multiple owners of a horse.
-They are aimed at encouraging on-time payments of training fees and introduce a streamlined process to resolve issues where payments are not made in a timely fashion.

Standard Training Agreement (STA)
The reforms introduce a new Standard Training Agreement (STA) which will be applicable to all trainers and owners; only owners who either train a horse themselves or employ a trainer exclusively for them under a written agreement will be exempt.

Unless trainers and owners (other than those exempted) make other written arrangements regarding their training relationship in accordance with the TOR Rules, they will be bound by the STA.

However, if trainers and owners wish to make other arrangements which differ from the STA, they can in writing agree to:

a) Vary specific terms of the STA, provided they don't exclude, vary or limit the operation of any provision of the Rules of Racing (including the TOR Rules).
b) Continue with an existing training agreement or enter into a new training agreement (which operates in conjunction with or instead of the STA), provided that they comply with the TOR Rules.

Importantly, if there is any inconsistency between any amended terms of the STA or any terms of the other agreement and the Rules of Racing (including the TOR Rules), the Rules of Racing (including the TOR Rules) will prevail to the extent of the inconsistency.

Co-owner Agreement (COA)
The reforms also introduce a new Co-owner Agreement (COA) that will strengthen the rights and obligations of co-owners of a horse.

a) The COA applies to all co-owners except for those co-owners who own an interest in a horse as a result of acquiring shares through promoter syndicates who operate under ASIC issued Australian Financial Services Licence (AFSL).
b) A key principle of the new COA arrangement is that each owner agrees to be severally liable in respect of the horse ownership venture, but not jointly and severally liable. Accordingly:
i) each co-owner has to pay his or her percentage share of the costs or expenses of the venture in accordance with his or her ownership of the horse; and
ii) if a particular co-owner defaults, the other owners do not also have to cover or contribute to the defaulting owner's percentage share of costs or expenses as well.

Unless co-owners (other than those exempted) make other written arrangements regarding their horse ownership venture in accordance with the TOR Rules, they will be bound by the COA.

However, if co-owners wish to make other arrangements which differ from the COA, they can in writing agree to:

a) Vary specific terms of the COA (in accordance with its terms), provided they don't exclude, vary or limit the operation of any provision of the Rules of Racing (including the TOR Rules).
b) Continue with an existing ownership agreement or enter into a new ownership agreement (which operates in conjunction with or instead of the COA), provided that they comply with the TOR Rules.

Importantly, if there is any inconsistency between any amended terms of the COA or any terms of the other agreement and the Rules of Racing (including the TOR Rules), the Rules of Racing (including the TOR Rules) will prevail to the extent of the inconsistency.

For Owners & Trainers
a) Trainers issue a Fees Notice within 7 days of appointment as the trainer of the horse and it is the managing owner's responsibility to accept the fees on behalf of the owners (after providing a copy to, and consulting with, the owners). It is important to note that the TOR Rules set out a transition period during August 2017 for the provision of Fees Notices by trainers.
b) Trainers issue an invoice within the first 15 days of the start of the month for training services that were provided in the previous month.
c) Payment will be due by the end of the month in which the invoice is issued.
d) Where only a percentage of an invoice is in dispute, the amount of the invoice not in dispute is still due and payable by the end of the month.
e) The reforms provide safeguards for owners, including the right to dispute a trainer's invoice.
f) If the owner does not pay the trainer by the end of that month of invoice, Racing Australia and/or Principal Racing Authorities (PRA) may be able to act under the Rules of Racing to encourage payment. That could include (i) refusing registrations of, or transfers of interest in a horse to another trainer, or between owners; and (ii) freezing prizemoney to which an owner would otherwise be entitled and directing payment of that prizemoney to the trainer, if the trainer contends that money for training fees and/or costs are owing.

Training Disputes Tribunal
A Training Disputes Tribunal (TDT) will be established in each state and territory by the relevant PRA, specifically to hear disputes between owners and trainers and determine whether the owner owes money to a trainer in relation to training services, and if so, how much.

The TDT will not deal with disputes arising between co-owners in respect of the COA.

In Summary
We at Racing Australia ask that you familiarise yourself now with the reforms to come into force on 1 August 2017. This should include reviewing the TOR Rules and the standard agreements (as they apply to you) and considering whether any changes are required to any existing agreements that you may have in place.

More information can be found at www.racingaustralia.horse.

Email: tor@racingaustralia.horse
Telephone: 1800 870 799
Monday to Friday 9am - 5pm

We also welcome your questions on any aspect of the TOR and will answer them as soon as practicable.

Racing Australia believes these reforms will enhance the financial security of trainers and benefit the racing sector overall, with owners and trainers provided with an industry-operated process to manage disputes in relation to trainer fees. Co-owners of a horse will also benefit from improved structures to govern their ownership arrangements.

Makayla Fenwick's Pot of QOTT Gold

February 13, 2025
She may hail from the Newcastle area but Makaylah Fenwick has clearly been feeling right at home in the Queensland showjumping arena in the last six months. The 17-year-old and retired thoroughbred Rainbow Man claimed victory in the Queensland Off-The-Track Cup Final at yesterday’s Pacific Fair Magic Millions Polo and Showjumping Day on the Gold Coast. It backed up her win onboard Grace And Glory in the 2024 QOTT Program Showjumping Showcase 1.20m class at the Ekka in August. The dynamic horse-and-rider team had held out strong competition from Louise Day and Amoretti, who finished second, with Natalie Siiankoski and A Golden Alibi coming in third. Eighteen competitors lined up to chase their share of the increased $75,000 prizemoney in Sunday’s final, after earning their spots through three qualifiers held in Queensland, New South Wales and Victoria. Fenwick and Rainbow Man had booked their place in the final via the Sydney Summer Classic qualifier early in December. The teenager was lost for words post-event when asked how she felt about the win. “I actually don’t know what I feel to be honest - I can’t even explain how I feel, it’s incredible and it’s amazing,” Fenwick said. “Winning this class has been amazing and a fantastic experience. “I’d just like to say a big thank you to Racing Queensland, Magic Millions and Queensland Off-The-Track for running such an amazing event.” Rainbow Man is an eight-year-old gelding, by Kentucky Derby and Dubai World Cup winner Animal Kingdom. He was purchased by Newcastle trainer Paul Perry at the 2018 Magic Millions Yearling Sale for $80,000 from the Arrowfield Stud draft. The gelding had 17 starts through his career on the track, notching just three placings before having his last race in New South Wales in 2021. But Rainbow Man has now found a new lease on life under the tutelage of Fenwick, who acquired him off Perry two years ago. “When I first got Rainbow, we did a bit of flat work at the start and we slowly got into the jumping,” Fenwick said. “He was a bit clumsy at the start, he couldn’t even get over a cross rail, he couldn’t do that to save his life. “But we just kept on persisting and kept on doing it, practicing, practicing, practicing and he eventually just got the hang of it and he loves it now. “We’ve had our ups and downs but we’ve been working together pretty good recently, putting in the hard work and getting what I want out of him.” RQ Senior Animal Care Manager Kim Duffy said Rainbow Man’s win was a prime example of the versatility and athleticism that retired thoroughbreds can demonstrate in their post-racing careers. ‘It’s really important to support the equestrian community who takes care of our retired racehorses for the remainder of their post racing lives,” she said. “While they’re in racing, their careers and their performances are on the track and they live for another decade or two off the track. “It’s really important to transition them into a second career and we’ve seen them here in the showjumping sport today.” The QOTT Cup Final had been run for the second time after a successful inaugural event in 2024. Ms Duffy thanked Magic Millions for their support with attention already turning to the 2026 QOTT Cup Final. “Queensland Off-The-Track is incredibly proud to partner with Magic Millions - it’s one of our premium event partnerships and it also compliments our event sponsorship program which supports competitions of all disciplines across a range of equestrian and horse sport activities for all levels of horse and rider combinations,” she said. “It’s really important to create events such as these not only to stimulate demand for retired racehorses in second careers such as showjumping, but also to incentivise riders to take on a retired thoroughbred to compete at events such as this.”

Bookings Now Open - 2025 Qld Stallion Directory

February 8, 2025
It’s time to secure a spot in the 2025 Queensland Stallions Directory for your stallion or business. We print 10,000 copies each year and post them to our members at the start of June. They’re always hot property at the sales; we never have a copy left over. If you’re involved in the equine industry, this is a very valuable marketing tool – promoting your stallion or business directly to the equine industry. If you would like to advertise your stallion or business contact Lisa Frappell on 0402 490 501. But you’ll need to hurry as bookings close March 28, 2025. Don’t miss out. Click here for pricing details and booking forms Click here for information for Trade Advertisements Click here for Trade Ad Booking Forms To ensure you receive your complimentary copy of the 2025 Queensland Stallions, you must have joined the TBQA or updated your contact details (for existing members) by April 30, 2025. There is a $20 postage fee for non-members, incorrect address or if you require further editions.

QTIS Leaders for January

February 8, 2025
Breezin' by Jungle Cat, Spirit of Boom juvenile, La Bella Boom, Tony Gollan, John Wiggington and Clinton Taylor all feature prominently in the QTIS rankings for January. Find out the latest rankings here: Leading QTIS Trainers Top QTIS 2YOs Best Performing QTIS 3YOs

Catalogue Released for Australia's Leading Incentive Sale

February 8, 2025
The 2025 catalogue for the sale that provides more incentives to buyers than any other, the Magic Millions Gold Coast March Yearling Sale , is now online. Comprising a quality packed 380 lots, the 2025 catalogue is revealed hot on the heels of the sizzling Queensland Summer Carnival where past sale graduates starred. Tony Gollan's Hidden Wealth, Lee Freedman's Encoder and Liam Birchley's Amosu were all feature race winners across the $14.5 million The Star Gold Coast Magic Millions meeting this January. That trio were purchased for $110,000, $40,000 and $60,000 respectively and they scooped $2.5 million worth of races on one of the world's richest cards. Graduates of the Gold Coast March Yearling Sale have a proud history of producing on the track and that looks set to continue with another quality line up for the 2025 auction. Yearlings by 73 individual sires will be represented in the two day auction on March 10 and 11 including 55 youngsters by the state's resident star sires Better Than Ready and Spirit of Boom. Barbaric and Jonker, with 27 lots each, lead the charge of 14 stallions with members of their first Australian crop. Every lot in the sale is eligible for the $20 million plus Magic Millions Race Series. Additionally the entire catalogue is either QTIS Fully Paid or QTIS 1st Payment and eligible to run for over $13 million in QTIS bonuses as well as exclusive races such as the $1.5 million Racing Queensland Magic Millions QTIS Open and $500,000 QTIS Jewels for two and three-year-olds. Buyers at the Gold Coast in March will benefit from a reduced Magic Millions Race Series Nomination fee of $4,752 - 28 per cent less than other sales. "The Gold Coast March Yearling Sale provides buyers with incredible incentives alongside quality yearlings," Magic Millions Managing Director Barry Bowditch said. "Season after season graduates of the sale star for their connections around the state, country and abroad - from the likes of Buffering, Apache Chase and Spirit of Boom to recent million dollar race winners Encoder and Hidden Wealth and Magic Millions Debut winner Amosu." To view the catalogue for the 2025 Magic Millions Gold Coast March Yearling Sale click here or download via the Equineline Catalog App on your iPad. IMPORTANT DATES Monday 24 February Beaudesert Stud Tour from 8am (RSVP essential) Tuesday 25 February Toowoomba Stud Tour from 8am (RSVP essential) Thursday 27 February Warwick Stud Tour from 8am (RSVP essential) Friday 7 March Magic Millions Yearling Sale inspections from 8am Saturday 8 March Magic Millions Yearling Sale inspections from 8am Racing Queensland Own the Morning from 8.30am $2 million Queensland Jewel Raceday, Gold Coast Turf Club Sunday 9 March Magic Millions Yearling Sale inspections from 8am Racing Queensland Own the Morning from 8.30am TBQA & Magic Millions Welcome BBQ from 4pm Monday 10 March Magic Millions Gold Coast March Yearling Sale - Day One from 11am (Lots 1-190) Tuesday 11 March Magic Millions Gold Coast March Sale - Day Two from 11am (Lots 191-380)

Fast Track 2025 Applications Open

February 8, 2025
Applications for Thoroughbred Breeders Australia's (TBA) latest Fast Track program are now open. The course offers a pathway into the breeding sector and the opportunity to gain a nationally recognised qualification, while being paid full time. Developed in response to industry staffing shortages, the 12-month course targets people from outside breeding and racing and introduces them to Australia’s vibrant thoroughbred sector. It gives them the foundational skills and knowledge needed to build successful careers. Now in its eighth year, the program has proved to be a successful pathway, with 90 per cent of trainees continuing to work in the industry after completing the course. TBA’s education and projects manager, Madison Tims, said: “This course is great because it doesn’t matter whether you’ve experience with horses or not, on this course you get a chance to learn those skills from some of the best in the thoroughbred industry. We’ve had people from all types of backgrounds on the program before who’ve gone on to great things with their career. “Fast Track is also unique in that the trainees are working on a farm, so receiving a wage, while also studying for a Certificate III.” Among the diverse occupations of students from previous intakes are electricians, a beauty therapist, an army veteran, a cafe barista, and a cricket coach, all looking for a career change. Graduates have gone on to take up management roles on thoroughbred breeding farms, travel to Ireland to take part in the prestigious Irish National Stud course and participate in the Northern Hemisphere breeding and sales seasons. We've also had a student graduate from the Godolphin Flying Start course. Successful applicants commence a full-time paid traineeship with a stud farm while studying for a Certificate III in Horse Breeding – a nationally recognised formal qualification. To complement the on-the-job learning, students attend two intensive learning blocks in Scone (six weeks in total), where they receive a mix of practical training and classroom theory and participate in various field trips and personal development workshops. Employers around the country have embraced the program. We are incredibly grateful for the support of Australian thoroughbred breeders, who have ensured the success of the Fast Track program over the last seven intakes.  Any farm that is interested in taking on a trainee can get in touch directly with TBA. Applications close March 10th, and you can head to tbaus.com or email madison@tbaus.com for more information.

Stud and Stable Staff Awards

January 15, 2025
The 2025 Australian Stud and Stable Staff Awards proudly announce the commencement of nominations, welcoming you to appreciate, celebrate and motivate individuals shaping the future of our industry. The Awards provide a platform to express gratitude for a colleague, friend or family member in the thoroughbred industry. While the nomination process remains simple, it stands as a powerful and significant means of acknowledging their work and contributions. This year, a six-week submission window is available, closing 5.00pm AEDT on Monday, 17 February 2025. As you submit a nomination, consider how this small amount of your time and effort will not only instill pride in your nominee but also highlight the value of their contributions to the industry. NOMINATE HERE

Size and Scope Study - Your Help Needed

January 15, 2025
Dear Thoroughbred Breeders, AgriFutures have engaged IER to provide an independent and reliable assessment of the Size & Scope of the Thoroughbred Breeding sector in Australia. The study will look to quantify the economic and social impacts of the thoroughbred breeding industry as well as understanding breeders’ motivations, involvement and future aspirations. The survey results gathered through this work are valuable to explain to industry stakeholders the importance of the breeding sector to the Australian economy. Please find below a link to an online survey where you can provide details on your connection to and experience within the industry. This survey will take around 5-10 minutes, and can be completed until 11:59pm on 19th January 2025. You can complete this survey on a mobile device or desktop. If you start and wish to come back and complete it at a later time, simply return to the link below. Click here to start the survey About AgriFutures: AgriFutures Australia is one of 15 Research and Development Corporations (RDCs) that service the Research, Development and Extension (RD&E) needs of Australian rural industries. The AgriFutures Thoroughbred Horses Program (the Program) was established in 2017 and is supported by a statutory levy paid by mare and stallion owners. The levy is set at a rate of $10/mare covered per season, paid by the stallion owner, and $10/mare return per season, paid by the broodmare owner. The AgriFutures Thoroughbred Horses Program invests in RD&E that improves the sustainability, productivity and competitiveness of the Australian thoroughbred industry. The Program supports investment in projects across four priority areas: Thoroughbred horse welfare, workforce safety and environmental sustainability Thoroughbred breeding Workforce, industry and community engagement Thoroughbred diseases and parasites

TBQA ELECTION and AGM NOTICE

By Stacey Silver • January 13, 2025
NOTICE IS GIVEN that the Annual General Meeting of Thoroughbred Breeders Queensland Association Inc. for 2024 will be held at the Magic Millions Sales on Sunday, 9 March 2025. We warmly invite all TBQA members to attend. ELECTION OF MANAGEMENT COMMITTEE MEMBERS There are three (3) positions which have become vacant in rotation as per our constitution and require election of office bearers. These are the positions of Mike Kelly, Steve Morley and Richard Foster. All three plan to recontest their positions. Dan Fletcher (Telemon Stud) was appointed to the committee in 2024 upon the resignation of Stan Johnston. If you wish to contest one of these positions you and nominate for the TBQA Committee you should be; (1) a breeder; (2) prepared to give up approximately 5 hours per week to the TBQA; (3) happy to attend industry functions when required; (4) able to attend all committee meetings (approximately 1 per month); (5) prepared to promote the Queensland breeding industry at all times. The work load is not large but it is a very important committee as it represents the most significant section of the thoroughbred industry. Please consider your candidacy carefully for this committee. NOMINATIONS ARE DUE BACK TO THE TBQA OFFICE BY CLOSE OF BUSINESS (5:00pm) ON FRIDAY 31 January 2025 via email info@queenslandbreeders.com.au with the original documents to be posted to TBQA, PO BOX 18003, Toowoomba, QLD, 4350 Download the nomination form here

TBA Learning - Working at the sales

January 9, 2025
AgriFutures provided funding to develop modules for TBA Learning, the Australian thoroughbred breeding industry’s home for online learning. The free online learning modules promote best practices that help improve horse and human welfare on a thoroughbred breeding farm and for any thoroughbred that was bred for racing. The first of the new modules has been uploaded to the TBA portal - Working at the horse sales and provides educational material about the tasks that people undertake when working for a farm at a thoroughbred sale. Details here

Endoscopy at Australian yearling sales: can we do better?

January 9, 2025
In this study, key industry groups, namely Thoroughbred breeders and veterinarians involved in yearling endoscopy, were engaged to investigate current concerns surrounding yearling sales endoscopy and discuss different laryngeal function grading systems and potential improvements to the current process. A large retrospective study (of a minimum of 5000 post-sale endoscopic examinations) was performed to investigate the relationship between post-sale laryngeal function score in Thoroughbred yearlings and future performance. The results will be used to determine the validity of the current yearling sales endoscopy process and guide future recommendations. One signficiant outcome of this research was the decision by all Australasian sales companies to take on the recommendation to change the yearling laryngeal grading system to the Havemeyer system from the traditional Lane-Bain Fallon scale. The Havemeyer system gives greater accuracy and clarity and takes away some of the stigma around grade 3 terminology that the research shows statistically shouldn't be there. Project snapshot: Project snapshot: Endoscopy of the upper respiratory tract at Australian thoroughbred yearling sales: can we do better? | AgriFutures Australia Final report: Endoscopy of the upper respiratory tract at Australian thoroughbred yearling sales: can we do better? | AgriFutures Australia
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