Brett Cattle Company and hundreds of other NT pastoralists reflect on historic live export ban class action against Commonwealth

NT PASTORALISTS, whose lives were up-ended by a 2011 Commonwealth Government decision to suspend live cattle exports. have reflected on their landmark successful class action

NINE years after a decision by the Federal Government to ban the live export trade gutted their incomes and up-ended their lives, NT cattle exporters have reflected on their landmark class action.

Court rules in favour of NT pastoralists in landmark class action case

It is alleged that then agriculture minister Joe Ludwig, when suspending the live cattle trade to Indonesia in response to a Four Corners investigation, engaged in “misfeasance” on the basis that he acted “disproportionately and with no regard to advice as to the impact on industry”.

Dougal and Emily Brett at Waterloo Station, located about 800km from Darwin, in 2014. Picture: Supplied

Pastoralist Emily Brett, as part of Brett Cattle Company from Waterloo Station southwest of Katherine, became a lead litigant in the class action against the Commonwealth alongside her husband Dougal in 2014, although she today heard the court’s verdict without him by her side.

“It’s going to be a really tough day for me and the Brett family … I really wish he was still here so I could share this moment with him,” she said.

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The Brett family, who lost Dougal after a helicopter crash in 2015, are among hundreds of plaintiffs who could share in up to $600 million in compensation.

The case was backed by the Australian Farmers Fighting Fund.

Former NT Cattlemen’s Association chief executive Tracey Hayes outside court in Sydney in 2017 for the class action case. Picture: AAP Image/ Keri Megelus

Speaking before Tuesday’s historic ruling, former NT Cattlemen’s Association chief executive Tracey Hayes, who has continued to champion the class action, said she was nervous for the plaintiffs.

“In some cases their marriage, in some case their livelihoods, in some cases worse,” she said.

For Ms Brett the goal of the unprecedented class action has remained the same – stop the government from ever again making a snap decision with ruinous consequence for an industry.

“We don’t want other Australian’s to go through what we went through,” she said.

“Decisions like this need to be considered a lot more carefully in the future.”

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In a historic verdict delivered on Tuesday morning, Federal Justice Steven Rares ruled a decision by former Labor Agriculture Minister Joe Ludwig was unlawful.

Justice Steven Rares said the Brett Cattle Company was entitled to substantial compensation and the Federal Government would have to pay it.