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Title Citation Alternate Citation Summary Type
Re Weaver; Trumble and Animal Welfare League of Victoria [1963] VR 257

As part of her will, a testatrix left the yearly interest from a capital sum to the benefit of the Animal Welfare League of Victoria. After consideration of the objects of the League, the Court found that the League's activities were charitable and that even if its attention was not devoted to caring for sick animals in need of medical attention, this would not deprive the League's purpose of its charitable intention. The gift was, therefore, deemed a charitable gift.

Case
New Zealand - Animal Welfare - Code for Layer Hens 1999 Code of Animal Welfare No. 18 In New Zealand, hens are kept under conditions ranging from large commercial enterprises where the birds are totally reliant on humans for all their daily requirements to free-ranging hens which have access to outdoor runs or pasture. Provided those concerned with the day-to-day care of the hens treat them with skill and consideration, their welfare can be safeguarded under a variety of management systems. The code takes account of five basic requirements: freedom from thirst, hunger and malnutrition, the provision of appropriate comfort and shelter, the prevention, or rapid diagnosis and treatment, of injury, disease or infection, freedom from distress, and the ability to display normal patterns of behavior. Statute
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 - Wildlife - Game and Feral Animal Control Act 2002 (NSW) Game and Feral Animal Control Act 2002

The objects of this Act are: to provide for the effective management of introduced species of game animals; and to promote responsible and orderly hunting of those game animals on public and private land and of certain pest animals on public land.

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
AU - Domestic Animals Act 2000 (ACT) Domestic Animals Act 2000

The Domestic Animals Act 2000 is a piece of legislation in the Australian Capital Territory of relevance to domestic animals. The Act encourages responsible pet ownership and outlines the obligations of pet owners to their animals and to the community. It also provides for the identification and registration of certain animals.

Statute
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
Australia -Farming - Agricultural Act This Act allows the chief executive to make standards on all matters related to agriculture, including labelling, the marking of stocks and the selling or using of hormonal growth promotants. The chief executive may also establish an advisory committee on agricultural standards. For persons whose interests are adversely affected by a decision of the chief executive under this Act or by an inspector’s decision, this act provides appeal provisions. Enforcement and penalty provisions are also included. 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

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