• You are generally allowed to take your pet to outdoor cafe’s provided that:
  • the cafe owner allows this;
  • your pet is restrained or in a designated off leash area;
  • your pet remains on the ground in the outdoor area at all times; and
  • your pet is not fed.

• If a person finds an animal they are required to return it to the owner or take it to the local pound. The owner must be notified as soon as possible.
• If an animal is stray or injured it can be taken to a vet but if no one claims the animal within 72 hours the vet will hand the animal over to the local council. If the owner is not identifiable then after 7 days the local council has the right to sell or destroy (kill) the animal. Animals that have been unclaimed after their owner has been notified or surrendered to the council by their owner can be sold or destroyed by the council after 14 days.
• The council has authority to determine any fees or charges associated with the holding, seizure or sale of an animal.

As with a normal individual the council cannot sell dangerous or restricted breed dogs.

• Pets are your property and will be treated as property upon the passing of their owner. Inclusion of a pet in a will is a good way of making sure that a pet is provided for in the event that the owner passes away.
• If pets are not specifically mentioned in a person’s will they will form part of the residuary estate. The residuary estate is the remainder of the person’s belongings left over after all the legacies and specified property is dealt with.
• For more information see our Wills and Succession topic.
• Our LegalPlan™ membership will allow you to ask lawyers for a Fixed Fee Quote in relation to your estate planning needs.

• Australian family law does not specify how ownership of animal is to be treated during a family breakdown. Because pets are considered property they form part of the pool of assets to be split between the spouses. This means that ownership and registration of a pet can be transferred between the parties depending upon what agreement they reach.
• In some cases family dispute resolution practitioners (FDRPs) may agree to include custody of pets as an issue on the agenda of a family mediation. Private FDRPs may have more flexibility and willingness to do this than FDRPs in government funded Family Relationship Centres.
• For more information see our Separation & Divorce topic.
• You can use our Phone a Lawyer service to get a preliminary consultation.

• In NSW all animals are required to be restrained when travelling in cars. This includes dogs travelling in open utes.
• It is also an offence to drive while you have a dog sitting on your lap or to ride a motorbike with an animal sitting between the rider and the handlebars.
• You will need to check the relevant legislation in your state or territory as the rules are different in each jurisdiction.

• The policies of each local council will vary in relation to a person’s ability to keep animals such as livestock in their back yard.
• It is important that you contact your local council to obtain specific information about the rules for keeping livestock in backyards in your area.

• The legality of feeding live prey to a reptile depends upon the legislation (written law) and codes of practice in your state and territory.
• Although codes of practice are not legal requirements they are a strong recommendation about how to ethically care for animals.
• It is advisable to review the codes that apply in your state or territory.
• You can use our free and anonymous Ask a Lawyer service if you have a particular issue you want to know more about.

• Farmers can only be prosecuted for their animal husbandry practices if they break the law of the state or territory in which they reside. Under most state and territory legislation it is an offence to cause an animal pain. However farm animals are often exempt from this legislation.
• Unfortunately the standard of care required for animals in the livestock and animal husbandry industry is not as high as for domestic animals. This is despite the fact that animals in both sectors deserve the same protections. Increasing levels of industry awareness and activism in the livestock industry have improved conditions for animals. Supporting ethical farming practices by making educated consumer decisions will also push the market in a positive direction.

• The dehorning of cattle is legal in all Australian states and territories.
• In NSW there are strict requirements as to the age of the animal at the time of dehorning which must be followed.
• Goats must be less than one month of age and cattle must be less than 12 months of age.