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Titlesort descending Citation Alternate Citation Summary Type
Rural Export & Trading (WA) Pty Ltd v Hahnheuser (2007) 243 ALR 356 (2007) ATPR 42-189; [2007] FCA 1535

The applicants held sheep in a pen pending live export. The respondent broke into that pen and put pork products in their feed rendering them unfit for export to countries whose markets had religious proscriptions against eating pork products. The court found that the respondent's conduct did not amount to 'hindering' as defined in the Trade Practices Act 1974 (Cth) and that his action was for the dominant purpose of environmental protection, which included protecting sheep from the conditions suffered during the live export trade.

Case
Rural Export & Trading (WA) Pty Ltd v Hahnheuser (2008) 249 ALR 445 (2008) 169 FCR 583; [2008] FCAFC 156

The trial judge held that the respondent's placing of a ham mixture in the feed of sheep prior to live export was covered by the defence of dominant purpose for environmental protection under the Trade Practices Act 1974 (Cth). On appeal, the court held that the respondent's actions were not an attempt at environmental protection but rather sought to prevent what he believed would be cruelty to those animals on board the ship during live export and upon arrival. The case was referred back to the Federal Court for assessment of damages.

Case
Song v Coddington (2003) 59 NSWLR 180 [2003] NSWSC 1196

The appellant was charged and convicted of being a person in charge and authorising the carriage of a number of goats in cages which did not allow those goats to stand upright. The appellant was a veterinary doctor employed by the Australian Quarantine Inspection Service and authorised under the Export Control (Animals) Orders 1987 to certify animals for export. On appeal, it was determined that for the purposes of the Prevention of Cruelty to Animals (General) Regulation 1996, the appellant was not a person in charge of the goats.

Case
Takhar v Animal Liberation SA Inc [2000] SASC 400

An ex parte injunction was granted against the applicants preventing distribution or broadcasting of video footage obtained while on the respondent's property. The applicants claimed they were not on the land for an unlawful purpose and that they were there to obtain evidence of breaches of the Prevention of cruelty to Animals Act 1985 (SA). The injunction restraining distribution or broadcasting of the footage, which was applicable to the applicants only, was removed on the balance of convenience as the media outlets were at liberty to broadcast.

Case
The Duck Shooting Case (1997) 189 CLR 579 (1997) 146 ALR 248; (1997) 71 ALJR 837; [1997] 12 Leg Rep 14; [1997] HCA 31

The plaintiff was charged with being in an area set aside for hunting, during hunting season, without a licence. The plaintiff argued that he was there in order to collect dead and wounded ducks and endangered species and to draw media attention to the cruelty associated with duck shooting. The Court found that although the regulation under which the plaintiff was charged restricted the implied freedom of political communication, it was appropriate to protect the safety of persons with conflicting aims likely to be in the area.

Case
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
Towers-Hammon v Burnett [2007] QDC 282

The respondent pleaded guilty to bashing several cats with an iron bar causing four deaths. The dead cats, along with one severely beaten but still alive kitten, were placed in a bag and disposed of in a charity clothing bin. On appeal, it was held that the trial judge failed to have sufficient regard to the callous nature of the respondent's actions and the respondent was sentenced to three months' imprisonment.

Case
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
Veterinary Surgeons Investigating Committee v. Lloyd 2002 WL 31928523, 134 A Crim R 441 2002 NSWADT 284

Appeal of agency determination of veterinarian malpractice for failure to detect ring worms in a cat. Long case with full discussion of process of administrative hearing and the standards by which to decide if an action is malpractice.

Case
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

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