Kathy Pope, a disability pensioner, has initiated legal action against mining billionaire Gina Rinehart concerning the deteriorating state of their shared fence. The dispute is set against the backdrop of the Northern Tablelands in New South Wales, where Pope claims to have lost approximately 800 animals over the past seven years due to inadequate fencing. The situation escalated on February 5, 2026, when Pope appeared virtually in the NSW Supreme Court for a preliminary discussion of her case.
Imbalanced Contest in the Courtroom
Pope, who operates a 157-hectare farm in Kingstown, faces formidable challenges in her legal battle. With no legal representation, she stands against Rinehart, whose wealth is estimated at $38 billion and who employs a team of six lawyers. Justice David Hammerschlag acknowledged the significant disparity in resources, warning Pope that her case could be dismissed if she does not file a proper statement of claim within 21 days.
“There’s been a whole lot of material that you’ve sent and nothing in the material I’ve been sent vaguely represents what I would regard as a statement of claim,” said Justice Hammerschlag.
Pope’s legal woes intensified as Rinehart’s legal team attempted to have their client and her companies, Hancock Prospecting and Hancock Agriculture, removed from the proceedings. These requests were denied by Justice Hammerschlag, who humorously noted that moving the case could jeopardize his friendship with the presiding judge.
Dispute Over Animal Losses and Community Arrangements
The core of the disagreement stems not only from the state of the fence but also from the movement of animals between their properties. Pope contends that the inadequate fencing has led to the loss of various animals, including cattle, sheep, and even guardian dogs. On Rinehart’s side, concerns have been raised about feral animals potentially causing damage and the need for veterinary care for Pope’s livestock.
Pope’s situation is further complicated by a longstanding arrangement with her other neighbor, Mary Kakaroubas, who allows Pope to agist her animals in exchange for maintaining the fences and trails. Kakaroubas has joined Pope in her legal efforts.
During the court appearance, Justice Hammerschlag encouraged Pope to seek legal counsel, emphasizing the importance of proper documentation. Despite her efforts to engage over 45 legal firms and exhaust government resources, Pope has struggled to secure representation.
“Even with the best will in the world, and with the best case in the world, which I’m not sure you have yet, the brief you’ve provided is just not there,” Hammerschlag stated.
Pope expressed frustration at the barriers to legal representation, stating, “They’ve all said to me I have a case. The reason for not taking the case has more to do with the disparity between the parties.” The case is scheduled to return to court on March 5, 2026, where the legal proceedings will continue to unfold.
