Results
| Title | Citation | Alternate Citation | Summary | Type |
|---|---|---|---|---|
| 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 | |
| Dart v Singer | [2010] QCA 75 |
The applicants pleaded guilty to a number of charges under the Animal Care and Protection Act 2001 (Qld) following the seizure of 113 live dogs, one cat, 488 rats, 73 mice, 12 guinea pigs and 11 birds from their premises due to unsanitary and inappropriate living conditions. The applicants claimed that RSPCA officers were acting ultra vires and that a stay preventing the RSCPA from parting with the animals should be effected. The applicants' argument failed. |
Case | |
| Perpetual Trustees Tasmania Ltd v State of Tasmania | [2000] TASSC 68 |
A testatrix bequeathed a part of her estate to be used in support of 'animal welfare'. It was held that this constituted a charitable trust as the purpose was so predominantly charitable that the intention was to be assumed and that even if that portion of the estate could be used for non-charitable purposes, this was in a manner allowed under the Wills Act 1992 (Tas). |
Case | |
| Re The International Fund for Animal Welfare (Australia) Pty Ltd and Ors and Minister for Environment and Heritage | (2006) 42 AAR 262 | [2006] AATA 94 |
Zoos in New South Wales and Victoria sought to import five Asian elephants. After an initial hearing, further evidence was sought in relation to the condition and nature of the facilities at the zoos. The Tribunal decided that the importation of the elephants should be in accordance with a permit issued under s 303CG of the Environment Protection and Biodiversity Conservation Act 1999 (Cth). |
Case |
| AU - Companion Animals - Domestic Animals Act 1994 (VIC) | Domestic Animals Act 1994 - No. 81 of 1994 | The purpose of the Domestic Animals Act is to promote animal welfare, responsible pet ownership and to protect the environment. The legislation provides for cat and dog identification and enables Municipal Councils to deal effectively with feral, straying and nuisance populations. | Statute | |
| 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 | |
| Windridge Farm Pty Ltd v Grassi | [2010] NSWSC 335 |
The defendants entered the plaintiff's land, containing a piggery, with the intention of taking photographs and film footage to establish that the plaintiff failed to meet certain standards. The defendants' argument that the plaintiff was not entitled to injunctive relief because of 'unclean hands' was dismissed by the court. The court also found that the defensive argument based on 'implied freedom of political communication' did not have application in the circumstances. |
Case | |
| RSPCA v Harrison | (1999) 204 LSJS 345 | [1999] SASC 363 |
The respondent was the owner of a dog which was found with skin ulcerations, larval infestations and saturated in urine. On appeal, it was found that the trial judge failed to give proper weight to cumulative circumstantial evidence as to the respondent's awareness of the dog's condition. It was also found that 'illness' was intended to cover a wide field of unhealthy conditions and included the larval infestation. The respondent was convicted and fined. |
Case |