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Federal Court challenge to greyhound ban

AAP logoAAP 20/09/2016 Rebecca Chirichiello

The greyhound industry has open up a second front against the Baird government's racing ban with another legal challenge.

The NSW Greyhound racing industry alliance lodged a constitutional challenge in the Federal Court on Tuesday morning.

It is arguing the NSW ban that comes into force next July breaches section 92 of the constitution, which guarantees the right to trade across state borders.

The action is being led by former solicitor-general David Bennett, who won 75 out of 85 cases during his tenure.

Brenton Scott from the NSW Greyhound Breeders, Owners and Trainers Association (GBOTA) said the ban strips greyhound breeders of their constitutional rights.

"It is our view that the national industry trades on a national basis across breeding, racing and wagering perspectives and the constitution guarantees freedom of trade," Mr Scott told reporters in Sydney on Tuesday.

"This decision takes and strips from the NSW greyhound community that fundamental right."

Solicitor Dennis English said he is confident the challenge will successfully overturn the ban.

"We have a very very strong legal team and these proceedings wouldn't have been commenced if we weren't confident," he said.

The Federal Court challenge will run alongside a NSW Supreme Court case which is challenging the report that prompted the government's decision to ban the industry from 2017.

Premier Mike Baird brushed off concerns over the new challenge, saying it is not unusual for governments to face partnered cases and the greyhound industry is within its rights.

"They are entitled to take legal considerations and legal actions but we are confident in our position," he told reporters in Sydney on Tuesday.

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