Results
| Title | Citation | Alternate Citation | Summary | Type |
|---|---|---|---|---|
| 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 - Exotic diseases in Animals Act 1981 (QLD) | Exotic diseases in Animals Act 1981 |
An Act to provide for the control, eradication and prevention of exotic diseases in animals, the compensation of owners for loss or destruction of animals and property during outbreaks of exotic diseases, the establishment of an exotic diseases expenses and compensation fund and for related purposes. |
Statute | |
| Re Nature Conservation Council of NSW Inc and Minister for Environment and Water Resources | (2007) 98 ALD 334 | [2007] AATA 1876 |
The Commonwealth Minister for the Environment and Water Resources declared an Ocean Trap and Line Fishery to be an approved wildlife trade operation. This permitted the export of sea life from the fishery. The Nature Conservation Council claimed that the fishery was detrimental to the survival of east coast grey nurse sharks. The Tribunal found that the operation would not be detrimental to the survival of the east coast grey nurse population. |
Case |
| AU - Animal Welfare - Animal Welfare Act 2002 (WA) | Animal Welfare Act 2002 |
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. |
Statute | |
| Allanson v. Toncich | 2002 WL 1897936 (Austrailia) | 2002 WASCA 216 |
Appeal uphold the judgement against the dog owner for damages, but recalculates damages upward. |
Case |
| Australian Broadcasting Corporation v Lenah Game Meats Pty Ltd | (2001) 208 CLR 199 | (2001) 185 ALR 1; (2001) 76 ALJR 1; (2001) 22(19) Leg Rep 11; (2001) 54 IPR 161; (2001) Aust Torts Reports 81-627; [2001] HCA 63 |
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. |
Case |
| AU - Live export - Export Control Act 1982 | Act No. 47 of 1982 as amended | The purpose of this Act is to control the export of certain goods. In the Act, 'eligible live animals' are defined as 'prescribed goods consisting of live animals'. The Act sets out both the export and entry requirements for prescribed goods and the accreditation scheme concerning veterinarians. It also outlines the various offences that both veterinarians and exporters may be charged with, as well as details the general enforcement powers of authorised officers. | Statute | |
| Inst. of Cetacean Research v. Sea Shepherd Conservation Soc. | 860 F. Supp. 2d 1216 (W.D. Wash. 2012) rev'd, 708 F.3d 1099 (9th Cir. 2013) and rev'd, 725 F.3d 940 (9th Cir. 2013) | The Institute of Cetacean Research, a Japanese whaling group, sued the direct action environmental protection organization Sea Shepherd, claiming that Sea Shepherd’s actions taken against the whaling group’s vessels in the Antarctic are violent and dangerous. The Institute claimed that Sea Shepherd had rammed whaling ships, thrown dangerous objects on to the ships, attempted to prevent them from moving forward, and navigated its vessels in such a way as to endanger the Japanese ships and their crews. The Institute’s request for an injunction was denied when the Court held that the Institute did not establish the necessary factors. The Court did state, however, that though Sea Shepherd’s acts did not constitute piracy, it did not approve of the organization’s methods or mission. | 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 | |
| Wildlife Protection Association of Australia Inc and Minister for Environment and Heritage and Australian Wildlife Protection Council Inc and Animals Australia and Flinders Council | [2006] AATA 953 |
The respondent Minister made declarations under the Environment Protection and Biodiversity Conservation Act 1999 (Cth) that particular plans relating to Bennett's wallabies and Tasmanian pademelons were approved wildlife trade management plans. The applicant questioned whether the plans permitted the inhumane hunting of wallabies and treatment of joeys as well as the basis upon which the quotas were derived. The tribunal found both matters satisfactorily addressed though further monitoring measures were deemed to be prudent. |
Case |