Molly the magpie twist that impacts all of Australia: 'Isn’t about just one animal'

The long-running Molly the magpie saga has taken a fresh new turn, with a high profile legal team preparing to challenge the bird’s return to a Gold Coast couple in the Supreme Court. It believes the Department of Environment's (DESI) decision takes Australia one step closer to resembling the United States where wild animals like big cats are kept as pets.

XD Law & Advocacy has a reputation for taking on tough cases. Most recently it represented Defence Force whistleblower David McBride and separately YouTube star Jordan Shanks aka friendlyjordies. But this case, representing an unnamed applicant, could prove even more controversial for the firm.

In an interview with Yahoo News, lawyer Jack Vaughan said the case isn’t really about Molly the magpie. Rather it’s about what a decision to return a native bird to a couple not originally licensed to keep it means for the nation and its wildlife.

“We won't be dragged into discussions about Molly at all, because it's really not relevant,” he told Yahoo News.

“The reason why this case is important is what's being set is a precedent to all Australians that you can do this... If you get enough likes on social media, the government will override its own experts and start saying, it's fine.

Lawyers will argue decision to return Molly was political

Molly the magpie soared to social media fame after Gold Coast couple Juliette Wells and Reece Mortensen documented the bird’s antics with their two pet dogs, Peggy and Ruby. But the colourful pictures and videos came to a stop after DESI requested the bird be surrendered in March.

"It is alleged that the bird was taken from the wild and kept unlawfully, with no permit, licence or authority being issued by DESI,” a DESI spokesperson told Yahoo News at the time.

The bird was returned to the couple in April following an outcry from the magpie’s fans, and an extraordinary intervention by Premier Steven Miles who called for a “common sense” solution from those in his former ministerial portfolio DESI.

In a case expected to be heard in Brisbane next month, XD Law & Advocacy is challenging the decisions made by DESI that led to its return. It will argue the bird was returned on political grounds and because of media pressure.

“Otherwise, it’s a precedent to hand out these things like lolly wrappers, and we’ll end up like America with tigers in the backyards of soapie actors, instead of what we've had in Australia, which is a pretty good legislation around the country to preserve and protect Australian wildlife,” Vaughan said.

A DESI spokesperson told Yahoo News on Tuesday the decision to return an Australian magpie to a Gold Coast couple was made in accordance with the Nature Conservation Act 1992. They were unable to provide further comment.

Concern Molly the magpie story could inadvertently inspire copycat behaviour

It is understood Molly was returned to Wells and Mortensen, after they agreed to several conditions including training for the appropriate licence, not profiting from the magpie or its image, and advocating for wildlife.

Speaking to Channel 9's A Current Affair on Monday after hearing about the Supreme Court action the couple said they just want to “get as many people involved” as they can in “helping wildlife”.

“Every time we’re in the public sight and things like that, it raises awareness for people to get out there and try and do something to help wildlife,” Peggy and Molly’s Juliette Wells said.

While the couple may be well meaning, wildlife rescuers have raised concerns the couple’s high profile account, could have unintended consequences, and inspire those without licences to try and raise magpies themselves. Several cases of copycat behaviour have been documented.

“What happens after birds like this are brought into captivity, because people think doing so is a great idea. They think what a lovely story of this couple. Well, they might be lovely people. I've got no idea. And Molly might be happy. I've got no idea,” Vaughan said.

He added, "This isn’t about just one animal. It’s also about the wild animals that are being kept in homes, thanks to this precedent, when they should be either handed into wildlife rescues or left alone."

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