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Displaying 81 - 90 of 110
Title Citation Alternate Citation Summary Type
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
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 Australian Capital Territory Parks and Conservation Service. Statute
The International Fund for Animal Welfare (Australia) Pty Ltd and Minister for Environment and Heritage (2005) 93 ALD 594 (2005) 41 AAR 508; [2005] AATA 1210

Zoos in New South Wales and Victoria sought to import asian elephants for conservation and exhibition. The Tribunal considered whether the elephants were being imported "for the purposes of conservation breeding or propagation", the zoos were "suitably equipped to manage, confine and care for the animals, including meeting the behavioural and biological needs of the animals", the importation of the elephants would "be detrimental to, or contribute to trade which is detrimental to ... the survival .... or ... recovery in nature of" Asian elephants and whether the elephants were "obtained in contravention of, [or] their importation would ... involve the contravention of, any law". The importation was allowed.

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
Larobina v R [2009] NSWDC 79

The appellant appeal against a conviction for animal cruelty sustained in a lower court. After an examination of the elements of the statutory offense, it was found that the charge upon which the conviction was sustained was unknown to law.

Case
Yanner v Eaton (1999) 201 CLR 351 (1999) 105 LGERA 71; (1999) 166 ALR 258; (1999) 73 ALJR 1518; (1999) 18 Leg Rep 2; (1999) 107 A Crim R 551; [1999] HCA 53

The appellant was a member of the Gunnamulla clan of Gangalidda tribe from Gulf of Carpentaria and killed estuarine crocodiles by harpooning. He was charged under the Fauna Conservation Act 1974 (Qld) with taking fauna without holding a licence. The Court ultimately found that the appellant's right to hunt crocodiles in accordance with the Native Title Act 1993 (Cth) were not extinguished by the Fauna Conservation Act.

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
Beaumont v Cahir [2004] ACTSC 97

The appellant landed a hot air balloon in a paddock occupied by a dressage horse belonging to the respondent. The horse was spooked and impaled itself on fencing. The appellant was liable for the cost of reinstating the horse to health and was not permitted to euthanise the horse and find a replacement.

Case

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