As of 1 August 2025, Racing Australia has implemented a revised process for lodging Mare Returns and Foal Ownership Declarations (FODs). These changes follow feedback from breeders and industry stakeholders and are aimed at improving compliance, traceability, and the integrity of the thoroughbred breeding and racing industry.
At Morgan + English, we advise a number of clients across the thoroughbred space and understand the practical implications of these changes. Breeders, owners, and industry participants should take note of the updated rules to avoid unnecessary costs and, more significantly, the risk of a foal being deemed ineligible to race.
Under the new regime, FODs lodged within 30 days will continue to be accepted at the standard fee of $140. However, where an FOD is lodged between 31 and 60 days after birth, it will attract a higher late fee of $360. This replaces the previous tiered fee system, which charged $125 for late lodgement after 30 days and $200 if lodged in the following season.
FODs lodged more than 60 days after a foal’s birth will still be accepted and charged the standard $140 fee. However, Racing Australia will deem these foals ineligible to race unless an appeal is lodged and successful. An appeal fee of $500 applies but will be refunded if the appeal is upheld, in which case the foal’s eligibility to race will be reinstated and the applicable late fee of $360 charged instead.
To succeed, the appeal must demonstrate special or exceptional circumstances, supported by appropriate documentation. According to Racing Australia’s guidelines, “the general criteria for which the Applicant is required to provide information are that matters of special or exceptional circumstances existed that prevented the completion of obligations to lodge documentation when it was due.” Exceptional circumstances must be clearly proven and supported by written submissions and documentary evidence intended to explain or substantiate the applicant’s claim. These documents may include, but are not limited to, medical or other health practitioner certificates and records; financial records or professional reports; weather, environmental, building or engineering reports; insurance records; declarations by government or other relevant authorities; expert or witness statements; and statutory declarations. The appeal is reviewed by an independent legal expert, with the decision based solely on the written materials submitted.
As part of a broader effort to simplify processes, Racing Australia has also announced that the Mare Return and Foal Ownership Declaration steps will now be merged into a single process. This streamlining is intended to make compliance more efficient, though it also means greater responsibility for owners to lodge accurate and timely information.
Importantly, vendors who sell an unregistered horse will now be required to disclose whether the required declarations have been lodged and whether the horse is eligible for registration and racing. Purchasers are encouraged to make appropriate enquiries before completing a purchase to ensure the horse can be registered without issue.
Racing Australia has emphasised that while the penalties for non-compliance may seem significant, they reflect the importance of maintaining robust horse welfare and traceability standards. Proper enforcement of these rules is seen as central to ongoing industry improvements.
At Morgan + English, we are well positioned to assist owners and breeders with the updated compliance framework. Whether you require advice on timely lodgement, assistance with a late appeal, or guidance when buying or selling an unregistered horse, our team can help you navigate these changes with confidence. We are also able to support clients in drafting clear agreements that address these new disclosure requirements and ensure their interests are protected.
If you have any questions about how these changes may affect your operations, please contact Daniel Morgan at daniel@morganenglish.com.au.
