Coalition Government won’t appeal historic Federal Court decision on live cattle export class action

THE Federal Government will not appeal the landmark live cattle export class action ruling, ending weeks of anxiety for pastoralists and farming lobby groups.

• National Farmers’ Federation slams Federal Government for not ruling out cattle export court ruling appeal
• Federal Court rules NT’s Brett Cattle Company should be compensated $2.93 million for damages caused by 2011 live export ban
• Class action against 2011 live export ban decision likely to cost more than $4m in legal fees
• NT cattle industry vindicated as Federal Court finds 2011 live export ban ‘invalid’, and could be in line for $600m compensation
• Federal Court Justice Steven Rares rules 2011 live export decision ‘unreasonable’ as NT’s Brett family celebrates historic win

THE Federal Government will not appeal the landmark live cattle export class action ruling, ending weeks of anxiety for pastoralists and farming lobby groups.

Attorney-General Christian Porter announced on Wednesday afternoon, after a Federal Government cabinet meeting, that the Coalition had accepted the outcome of the 300-claimant strong class action.

The Federal Government “reserves its right” press its view of “relevant legal principles if an appropriate case arises in the future”.

Federal Court Justice Steven Rares, in a blistering 150-page decision handed down in June, found the ban order made by then Labor Agriculture Minister Joe Ludwig was “capricious” and “unreasonable”.

Mr Ludwig, Justice Rares ruled, knew of the consequences of his decision but “plunged ahead regardless” in a “recklessly indifferent” manner.

Father and son Colin and Hamish Brett at the Berrimah Farm Export feedlot, following the historic Federal Court ruling. Brett Cattle Company was the lead litigant in the class action against the 2011 live cattle export ban. Picture Katrina Bridgeford.

The case relied on the little used tort of misfeasance in public office, effectively where a public officer misuses their power while purportedly trying to do their job, despite knowing the impacts it could have.

Mr Porter said the Coalition Government had decided not to jeopardise the outcome for those involved in the class action.

“While the decision raises some important issues of legal principle, they are far outweighed by the very real pain and hurt that the live export ban inflicted on our cattle industry,” he said.

“This matter has been ongoing since 2014, and the Government is pleased that those impacted by the live cattle ban can finally have the issue brought to an end.

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“The Government disagrees with some of the principles as they have been applied by the court.

“The Court’s reasoning in this matter represents a departure from existing legal principles governing both the validity of delegated legislation and the tort of misfeasance in public office.”