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Title Citation Alternate Citation Summary Type
Animal Liberation (Vic) Inc v Gasser (1991) 1 VR 51 (1990) Aust Torts Reports 81-027

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.

Case
Turner v Cole [2005] TASSC 72

RSPCA officers found a horse belonging to the applicant on the applicant's property and, after preparing the horse for transport, had to euthanise the animal when it collapsed. The applicant was convicted of failing to feed a horse which led to its serious disablement and eventual euthanisation. The applicant was unsuccessful on all issues on appeal and was liable for a fine of $4000 and prevention from owning 20 or more horses for five years.

Case
Whaling in the Antarctic Whaling in the Antarctic (Austl. v. Japan), 2010 Judgment. In June 2010, Australia commenced proceedings against Japan at the International Court of Justice (ICJ), alleging that Japan has continued an extensive whaling program in breach of its obligations as a signatory to the International Convention for the Regulation of Whaling (ICRW). At issue was the moratorium on commercial whaling agreed upon in the 1980s. According to Australia, though Japan claimed to be killing whales purely for scientific reasons, the true purpose of the program was commercial. Japan did not deny that it was killing whales in the Antarctic, but claimed instead that because the ICRW grants each nation state the right to issue licenses for scientific whaling as it sees fit, Japan’s whaling program was legal. The ICJ ruled that Japan's Antarctic whaling program was not actually for scientific whaling and must end. Case
AU - Nature Conservation Act 1980 ( ACT) Nature Conservation Act 1980 An Act to make provision for the protection and conservation of native animals and native plants, and for the preservation of areas for those purposes. The Act creates the office of Conservator of Flora and Fauna and the Australian Capital Territory Parks and Conservation Service. Statute
Animal Liberation Ltd v Department of Environment & Conservation [2007] NSWSC 221

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.

Case
Department of Local Government and Regional Development v Emanuel Exports Pty Ltd Western Australia Magistrates Court, 8 February 2008, Magistrate C.P. Crawford

The central allegation was that the defendants transported the sheep in a way likely to cause unnecessary harm. Magistrate Crawford found that the sheep, some of which died from inanition, suffered distress and harm and that this harm was unnecessary. Proof of actual harm, however, was unnecessary as it only had to be shown that it was likely that the sheep would suffer harm. This required evidence pointing only to the conditions onboard the ship, and voyage plan, as at the first day. The defences of necessity and honest and reasonable belief were both dismissed.

Case
RSPCA v. Stojcevski 2002 WL 228890, 134 A Crim R 441 2002 SASC 39

Appeal against the order of the Magistrate dismissing a complaint - prevention of cruelty to animals - respondent charged with ill treating an animal in that failed to take reasonable steps to alleviate any pain suffered by the animal who had a fractured leg bone contrary to sec 13(1) of the Prevention of Cruelty to Animals Act 1985. Dismissal was upheld and court found that defendant did not understand dog was in pain and had and was going to take reasonable steps.

Case
Veterinary Surgeons Investigating Committee v. Lloyd 2002 WL 31928523, 134 A Crim R 441 2002 NSWADT 284

Appeal of agency determination of veterinarian malpractice for failure to detect ring worms in a cat. Long case with full discussion of process of administrative hearing and the standards by which to decide if an action is malpractice.

Case
AU - Cruelty - Animal Welfare Act (ACT Primary Act) Animal Welfare Act 1992 The Australian Capital Territory enacted this Act 'for the promotion of animal welfare and for related purposes'. The Act is enforced by the RSPCA ACT and generally covers domestic animals. Statute
Australia - Kangaroos - Shooting for Non-Commerical Purposes The National Code of Practice for the Humane Shooting of Kangaroos and Wallabies for Non-commercial Purposes sets an achievable standard of humane conduct and is the minimum required of persons shooting kangaroos and wallabies for reasons other than commercial utilisation of kangaroo products (skins and meat). This Code has been produced to ensure that all persons intending to shoot free-living kangaroos or wallabies for non-commercial purposes undertake the shooting so that the animal is killed in a way that minimises pain and suffering. Statute

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