Australia

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Titlesort descending Summary
Voiceless Animal Law Toolkit - Second Edition
Adams v Reahy


The first respondent claimed that despite their best efforts their dog was unable to gain weight and appeared emaciated. When proceedings were instituted, the first respondent was successful in being granted a permanent stay as the appellant, the RSPCA, failed to grant the first respondent access to the dog to determine its current state of health. On appeal, it was determined that a permanent stay was an inappropriate remedy and that the first respondent should be granted a temporary stay only until the dog could be examined.

Allanson v. Toncich


Appeal uphold the judgement against the dog owner for damages, but recalculates damages upward.

Anderson v Ah Kit


In proceedings for defamation, the plaintiff alleged that the defendant published information giving rise to the imputations that the plaintiff left animals to starve and that the Northern Territory government had to intervene to feed those animals. The defendant pleaded, inter alia, the defences of Polly Peck and fair comment. The Court ruled that the Polly Peck defense was sufficiently justified to survive the plaintiff's strike out application. It was held, however, that although animal welfare generally was a matter of public interest, the welfare of some animals held on private property was not, and could not be made by extensive media coverage, a matter of public interest.

Anderson v Moore


The appellant ignored advice to make available reasonable amounts of food to feed sheep. The appellant claimed to be acting under veterinary advice and further that the trial judge erred in taking into account the subjectivity of the appellant's actions. All claims were dismissed.

Animal Liberation (Vic) Inc v Gasser


Animal Liberation were injuncted from publishing words claiming animal cruelty in a circus or demonstrating against that circus. They were also found guilty of nuisance resulting from their demonstration outside that circus. On appeal, the injunctions were overturned although the finding of nuisance was upheld.

Animal Liberation Ltd v Department of Environment & Conservation


The applicants sought to restrain a proposed aerial shooting of pigs and goats on interlocutory basis pending the outcome of a suit claiming the aerial shooting would constitute cruelty. It was found that the applicants did not have a 'special interest' and as such did not have standing to bring the injunction. The application was dismissed.

Animal Liberation Ltd v National Parks & Wildlife Service


The applicants sought an interlocutory injunction to restrain the respondent from conducting an aerial shooting of goats as part of a 'cull'. The applicants claimed that the aerial shooting constituted cruelty as the goats, once wounded, would die a slow death. An injunction was granted to the applicants pending final hearing of the substantive action against the aerial shooting.

AU - Animal Welfare - Animal Welfare Act 2002 (WA)



The purpose of the Act is to promote responsible animal care and protection, to provide standards for animal care and use, to protect animals from cruelty and to safeguard the welfare of animals used for scientific purposes.  The Australian Code of Practice is incorporated into the legislation as the standard for animal care and use in scientific establishments.

AU - Animal Welfare - Animal Welfare Act 2007 (Northern Territory)


The Northern Territory was one of the last states to enact Animal Welfare legislation with its passing in 2007 as an act to provide for the welfare of animals, prevent cruelty to animals and for related purposes. The objectives of the Act are to to ensure that animals are treated humanely, to prevent cruelty to animals, and to promote community awareness about the welfare of animals.

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