Agistment provides
a wide range of alternatives both for stock and property owner's,
however before entering into any arrangement its important that all
parties are understand their responsibilities and rights. New South
Wales and Victorian Governments provide a number of interesting
articles dealing with this subject.
Agistment is a
feeding option available when feed is short on the home property. It
may be taken up when the economics of hand feeding (with associated
labour involvement) are judged more expensive. Long-term returns,
often overlooked in initial calculations, may favour good agistment
over the maintenance feeding of stock during prolonged dry spells.
New South Wales Department of Primary Industries have published Agistment Guidelines a variety of
issues relating to agistment. The Department of Primary Industries
Victoria provide advice on Contracts for Agistment of Stock including aspects of consideration from both parties. We offer a range of
services tailored to meet the individuals requirements you can CONTACT US to discuss your
needs.
Responsibilities
The agistment contract should describe the responsibilities of the
livestock owner and the agistor. It should also set out procedures
for dealing with problems which could arise. Although an experienced
legal adviser should prepare the agistment contract, you
need to provide this adviser with relevant information
about your requirements. |
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Livestock owners are normally responsible for:-
- paying all costs for care of
their stock;
- informing agistors of diseases
affecting their stock, and treatment required;
- insurance for their stock, and
against any damage they may cause;
- checking stock routinely to
ensure conditions of the agreement are being met; and
- ensuring that the agistor can
contact the owner or owner's representative in an emergency.
Agistors are usually responsible for:-
- advising owners if for any
reason, the site becomes unsuitable for agistment eg if dams are
contaminated with blue-green algae, or diseased stock are
present;
- advising owners of disease,
accident or injury to stock (but would not be liable unless this
was due to negligence);
- sending invoices and a final
notice of the planned sale of their stock to recover costs;
- allowing the owner access to
records of agistment costs and proceeds from the sale of stock
for a set period, and any money left over after deducting
agistment costs.
Agistors may require:-
- a lien over the stock until
the agistment debt is paid;
- power of attorney concerning
the stock and progeny so that the agistor has the power to sell
the stock after all reasonable efforts have been made to obtain
outstanding agistment payment from the owner;
- indemnity from the owner
signing the contract, for agreed costs eg veterinary costs;
- the stock owner to be liable
for any residual debt not covered by the sale; and
- the right to update stud books
so that thoroughbreds can be sold at true value.
- The following may be set out
in a contract to protect owners against wrongful sale of the
stock:-
- minimum period that the debt
may remain outstanding before the stock are sold;
- payment of a specified
proportion of debt to postpone the sale of stock for a specified
period;
- notice of public auction of
the stock to be advertised in a specified newspaper.
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