Results
| Title | Citation | Alternate Citation | Summary | Type |
|---|---|---|---|---|
| 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 | |
| Pearson v Janlin Circuses Pty Ltd | [2002] NSWSC 1118 |
The defendant deprived an elephant in a circus of contact with other elephants for years. On a particular day, the defendant authorised three other elephants to be kept in the proximity of the elephant for a number of hours. It was claimed that this act constituted an act of cruelty as it caused distress to the elephant. On appeal, it was determined that mens rea was not an element of a cruelty offence under the statute. |
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
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Statute | |
| Adams v Reahy | [2007] NSWSC 1276 |
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. |
Case | |
| Anderson v Moore | [2007] WASC 135 |
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. |
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 | ||
| Daniele v Weissenberger | 2002 WL 31813949,136 A Crim R 390 | 2002 WASCA 346 |
Court uphold conviction for failure to provide food and water for horses. Even thought not the owner, he was the responsible party. Sentence of $3,000 fine and suspended 3 month was not excessive. |
Case |
| Joyce v Visser | [2001] TASSC 116 |
The appellant was convicted of failing to provide food and water to dogs who were chained to a spot. Citing the extreme nature of the neglect and the need for general deterrence, the trial judge sentenced the appellant to three months' imprisonment. On appeal, the appellate judge found the sentence to be manifestly excessive and reduced the sentence. |
Case | |
| AU - Pest Plants and Animals Act 2005 (ACT) | Pest Plants and Animals Act 2005 |
The Pest Plants and Animals Act 2005 (Pest Act) creates a system to identify and control potential pest plants and animals in the ACT. It provides a strategic framework for pest management. The objects of the Pest Act are to protect the Australian Capital Territories land and aquatic resources from threats posed by pest plants and animals by identifying, declaring and then managing pest plants and animals. |
Statute |