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Title Citation Alternate Citation Summary Type
Animal Liberation Ltd v National Parks & Wildlife Service [2003] NSWSC 457

The applicants sought an interlocutory injunction to restrain the respondent from conducting an aerial shooting of goats as part of a 'cull'. The applicants claimed that the aerial shooting constituted cruelty as the goats, once wounded, would die a slow death. An injunction was granted to the applicants pending final hearing of the substantive action against the aerial shooting.

Case
RSPCA v O'Loughlan [2007] SASC 113

The appellant, the RSPCA, relied on the fact that a horse, once in RSPCA care, had a significantly improved condition in comparison to that described as 'emaciated' while in the respondent's care. The respondent claimed that the horse's condition fluctuated depending on the presence of mares in heat during summer and that she had tried several changes to the feed to counter a loss in weight. On appeal, the appellate judge did not disturb the trial judge's finding and confirmed that the respondent's conduct was reasonable in the circumstances.

Case
Animal Liberation (Vic) Inc v Gasser (1991) 1 VR 51 (1990) Aust Torts Reports 81-027

Animal Liberation were injuncted from publishing words claiming animal cruelty in a circus or demonstrating against that circus. They were also found guilty of nuisance resulting from their demonstration outside that circus. On appeal, the injunctions were overturned although the finding of nuisance was upheld.

Case
AU - Exhibited Animals Protection Act 1986 (NSW) Exhibited Animals Protection Act 1986

This Act deals with the exhibition of animals at marine or zoological parks, circuses and other places. It regulates the exhibition of all vertebrate animals in zoos, circuses or mobile displays regardless of whether they are native, exotic or domestic.

 

A person must have an approval to keep and exhibit an animal, and this is subject to qualifications, experience or any other term or condition that may be considered necessary

Statute
AU - Cruelty - Queensland Animal Care and Protection Regulation 2002 This regulation implements the Animal Care and Protection Act 2001; it contains the codes of practice to be observed for securing animal welfare. Statute
AU - Wildlife - Wildlife Act 1975 (VIC) Wildlife Act 1975

The purposes of this Act are to establish procedures in order to promote:   the protection and conservation of wildlife; the prevention of taxa of wildlife from becoming extinct; the sustainable use of and access to wildlife; and to prohibit and regulate the conduct of persons engaged in activities concerning or related to wildlife

Statute
Turner v Cole [2005] TASSC 72

RSPCA officers found a horse belonging to the applicant on the applicant's property and, after preparing the horse for transport, had to euthanise the animal when it collapsed. The applicant was convicted of failing to feed a horse which led to its serious disablement and eventual euthanisation. The applicant was unsuccessful on all issues on appeal and was liable for a fine of $4000 and prevention from owning 20 or more horses for five years.

Case
Animal Liberation Ltd v Department of Environment & Conservation [2007] NSWSC 221

The applicants sought to restrain a proposed aerial shooting of pigs and goats on interlocutory basis pending the outcome of a suit claiming the aerial shooting would constitute cruelty. It was found that the applicants did not have a 'special interest' and as such did not have standing to bring the injunction. The application was dismissed.

Case
Department of Local Government and Regional Development v Emanuel Exports Pty Ltd Western Australia Magistrates Court, 8 February 2008, Magistrate C.P. Crawford

The central allegation was that the defendants transported the sheep in a way likely to cause unnecessary harm. Magistrate Crawford found that the sheep, some of which died from inanition, suffered distress and harm and that this harm was unnecessary. Proof of actual harm, however, was unnecessary as it only had to be shown that it was likely that the sheep would suffer harm. This required evidence pointing only to the conditions onboard the ship, and voyage plan, as at the first day. The defences of necessity and honest and reasonable belief were both dismissed.

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

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