Results
| Title | Citation | Alternate Citation | Summary | Type |
|---|---|---|---|---|
| Beaumont v Cahir | [2004] ACTSC 97 |
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. |
Case | |
| AU - Conservation and Land Management Act 1984 (WA) | Conservation and Land Management Act 1984 |
An Act to make better provision for the use, protection and management of certain public lands and waters and the flora and fauna thereof, to establish authorities to be responsible therefor, and for incidental or connected purposes. |
Statute | |
| Australia - Kangaroos - Shooting for Commerical Purposes | The National Code of Practice for the Humane Shooting of Kangaroos and Wallabies for Commercial Purposes sets an achievable standard of humane conduct and is the minimum required of persons shooting kangaroos and wallabies. It has been produced to ensure that all persons intending to shoot free-living kangaroos or wallabies for commercial purposes undertake the shooting so that the animal is killed in a way that minimises pain and suffering. | Statute | ||
| AU - Parks - National Parks and Wildlife Act 1972 (SA) | National Parks and Wildlife Act 1972 |
An Act to provide for the establishment and management of reserves for public benefit and enjoyment; to provide for the conservation of wildlife in a natural environment; and for other purposes.
|
Statute | |
| Inst. of Cetacean Research v. Sea Shepherd Conservation Soc'y | 2014 WL 3579639 (W.D. Wash. July 21, 2014) | After the International Court of Justice ruled against Japan in the Whaling in the Antarctic case, Sea Shepherd moved to dismiss the Ninth Circuit’s earlier ruling regarding Sea Shepherd’s own actions in the Antarctic. Sea Shepherd claimed that because the Institute had announced that it would not engage in whaling in the 2014-15 season, its claim was moot. This argument, though, ignored the fact the Institute also stated that it plans to resume whaling in the future, leading the Court to dismiss the motion. | Case | |
| Rural Export & Trading (WA) Pty Ltd v Hahnheuser | (2008) 249 ALR 445 | (2008) 169 FCR 583; [2008] FCAFC 156 |
The trial judge held that the respondent's placing of a ham mixture in the feed of sheep prior to live export was covered by the defence of dominant purpose for environmental protection under the Trade Practices Act 1974 (Cth). On appeal, the court held that the respondent's actions were not an attempt at environmental protection but rather sought to prevent what he believed would be cruelty to those animals on board the ship during live export and upon arrival. The case was referred back to the Federal Court for assessment of damages. |
Case |
| Mark, Stoner, Setter and Pearson v Henshaw | (1998) 155 ALR 118 | (1998) 85 FCR 555; [1998] FCA 556 |
The four appellants, members of Animal Liberation, entered premises containing battery hens without permission. This was done allegedly on concern as to the treatment of those battery hens and the appellants claimed this constituted a reasonable excuse. After a second appeal, the convictions were upheld and it was found that the appellants did not have a reasonable excuse for trespass. |
Case |
| Australia - Anti Cruelty - New South Wales Regulations |
The Prevention of Cruelty to Animals (General) Regulation 2006 are authorative in the state of New South Wales. |
Administrative | ||
| Royal Society for the Prevention of Cruelty to Animals Western Australia Inc v Hammarquist | (2003) 138 A Crim R 329 | [2003] WASCA 35 |
The respondents were charged with nine counts of inflicting unnecessary suffering on an animal, a cow, and one count of of subjecting 50 cows to unnecessary suffering. The trial judge found the respondents wrongly charged and dismissed the charges without the prosecution clearly articulating its case. The trial judge was incorrect to dismiss the charges for want of particulars. The trial magistrate was also incorrect to dismiss the tenth charge for duplicity. In some circumstances it is possible to include multiple offences in the same charge where the matters of complaint are substantially the same. |
Case |
| AU - Cruelty - Prevention of Cruelty to Animals Act 1979 (NSW) | Prevention of Cruelty to Animals Act 1979 | The Prevention of Cruelty to Animals Act 1979 (POCTAA) is the primary piece of legislation that aims to protect animals from cruelty in New South Wales, Australia. POCTAA establishes certain acts or omissions as offences and also provides defences to a charge under the Act in certain circumstances. POCTAA prohibits cruelty and aggravated cruelty generally, as well as a number of other types of activities, including neglect, confinement, abandonment, failure to act in certain circumstances, some transport-related activities, inappropriate use, mutilation, poisoning, torture, fighting and baiting, certain hunting and trapping related activities, selling severely injured animals and failing to take action where an animal is injured by a vehicle. | Statute |