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Title Citation Alternate Citation Summary Type
Mansbridge v Nichols [2004] VSC 530

The appellant was convicted of seven offences under the Prevention of Cruelty to Animals Act 1986 (Vic) related to the appellant's treatment of merino sheep in her care. The appellant was successful in overturning three of the charges on the basis that they were latently duplicitous or ambiguous. The appellant was unsuccessful in arguing that the trial judge failed to give adequate reasons.

Case
Brayshaw v Liosatos [2001] ACTSC 2

The appellant had informations laid against him alleging that he, as a person in charge of animals, neglected cattle 'without reasonable excuse' by failing to provide them with food. The appellant had been informed by a veterinarian that his treatment of the cattle was potentially a breach of the Animal Welfare Act 1992 (ACT) and that they were in poor condition. The evidence admitted did not rule out the possibility that the appellant's feeding of the cattle accorded with 'maintenance rations' and the convictions were overturned.

Case
Crump v Equine Nutrition Systems Pty Ltd t/as Horsepower [2006] NSWSC 512

The plaintiffs claimed that they purchased horse feed from the first respondent and that the feed was contaminated with monensin. The second respondent manufactured the feed. They claimed that as a result, one of their horses died and five others were permanently injured so that they could not be used for the desired purpose. After addressing several factual issues, the trial judge found for the plaintiffs in regards to the issue of negligence by the second respondent and proceeded to assess damages with regard to the economic value of the horses to the plaintiffs, the cost of replacement, loss of profits and maintenance.

Case
AU - Animal Welfare - Animal Welfare Act 2007 (Northern Territory) Animal Welfare Act 2007 (Northern Territory)

The Northern Territory was one of the last states to enact Animal Welfare legislation with its passing in 2007 as an act to provide for the welfare of animals, prevent cruelty to animals and for related purposes. The objectives of the Act are to to ensure that animals are treated humanely, to prevent cruelty to animals, and to promote community awareness about the welfare of animals.

Statute
AU - Rural Lands Protection Act 1998 (NSW) Rural Lands Protection Act 1998

An Act to provide for the protection of rural lands; to provide for the establishment of the State Policy Council of Livestock Health and Pest Authorities and the constitution of livestock health and pest authorities and the State Management Council of Livestock Health and Pest Authorities and for the functions of those bodies; to regulate travelling stock reserves, stock watering places and the transportation of stock by vehicle; to provide for the control of certain pests; and for other purposes.

Statute
AU - Cruelty - South Australia Animal Welfare Act 1985 (SA) Animal Welfare Act 1985

The South Australian Animal Welfare Act’s primary purpose is for the promotion of animal welfare. The Act is enforced by RSPCA SA and is the primary piece of legislation that aims to protect animals from cruelty in South Australia. The Act generally governs domestic privately owned animals (pets).

Statute
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
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

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