Australia

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Australia -Farming - Agricultural Act
Australia Animal Protection Law Journal This page lists the volumes of the Australian Animal Protection Law Journal. Volume 1 (2008) through Volume 9 (2013) are available at the top of page as pdf downloads. Below this list of pdf links is a list of the table of contents for each volume of the journal. The table of contents contains the names of the articles, authors, and page numbers for each journal. More information about the journal is available at the Australian Animal Protection Law Journal website at http://animalprotectionlawjournal.com/.
Australia Live Export Laws
Australian Broadcasting Corporation v Lenah Game Meats Pty Ltd


The respondent was successful in obtaining an injunction against the appellants from publishing a film displaying possums being stunned and killed at an abattoir. The film had been obtained from a third party while trespassing. The Court found that it was not unconscionable for the appellants to publish the film and a corporation did not have a right to privacy.

Australian Wool Innovation Ltd v Newkirk (No 2)


The respondents, including PETA, engaged in a campaign to boycott the Australian wool industry on the bases of the cruelty incurred by the practice of mulesing and because of its link to the live export industry. The applicants, including Australian Wool Innovation who represented the Australian wool industry, sought to bring an action against the respondents for hindering trade under the Trade Practices Act (Cth) s 45DB and conspiring to injure the applicants by unlawful means. The respondents were successful in having these claims struck out.

Beaumont v Cahir


The appellant landed a hot air balloon in a paddock occupied by a dressage horse belonging to the respondent. The horse was spooked and impaled itself on fencing. The appellant was liable for the cost of reinstating the horse to health and was not permitted to euthanise the horse and find a replacement.

Brayshaw v Liosatos


The appellant had informations laid against him alleging that he, as a person in charge of animals, neglected cattle 'without reasonable excuse' by failing to provide them with food. The appellant had been informed by a veterinarian that his treatment of the cattle was potentially a breach of the Animal Welfare Act 1992 (ACT) and that they were in poor condition. The evidence admitted did not rule out the possibility that the appellant's feeding of the cattle accorded with 'maintenance rations' and the convictions were overturned.

Brief Summary of Whaling Early in the twentieth century, the technology used in whaling advanced so significantly that the global whale population became threatened. Efforts to decrease the number of whales killed grew after World War II and resulted in a major victory in the 1980s when commercial whaling was banned. However, this ban is still a major source of controversy as Japan continues to kill hundreds of whales each year in the Antarctic under what it calls a scientific whaling exception, but Australia labels as mere cover for a commercial whaling program.
City of Armidale v Kiraly


The respondent, an owner of a brindle boxer dog, was charged with the dog attacking a person and for having the dog in a public place without a leash. The dog had escaped from the respondent's house and allegedly ran to and lunged at a lady delivering pamphlets. On appeal, the question of whether the dog's behaviour constituted an 'attack' for the purposes of the Dog Act 1976 (WA) s 33D(1) was a question of fact to be determined by the trial judge and, accordingly, the appeal was dismissed.

Crump v Equine Nutrition Systems Pty Ltd t/as Horsepower


The plaintiffs claimed that they purchased horse feed from the first respondent and that the feed was contaminated with monensin. The second respondent manufactured the feed. They claimed that as a result, one of their horses died and five others were permanently injured so that they could not be used for the desired purpose. After addressing several factual issues, the trial judge found for the plaintiffs in regards to the issue of negligence by the second respondent and proceeded to assess damages with regard to the economic value of the horses to the plaintiffs, the cost of replacement, loss of profits and maintenance.

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