Results
| Title | Citation | Alternate Citation | Summary | Type |
|---|---|---|---|---|
| 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 | |
| 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
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Statute | |
| 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 | |
| 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 | ||
| 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 | |
| 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 | |
| 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 | |
| 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 |