Federal Court Justice Steven Rares rules 2011 live export decision ‘unreasonable’ as NT’s Brett family celebrates historic win

NORTHERN Australia’s cattle industry has put governments across the country on notice, warning there would be a price to pay for ‘reckless’ kneejerk decisions similar to the 2011 live export ban

Hamish Brett with son Stirling. The family-owned Brett Cattle Company was the lead claimant in the class action against the federal government. Picture by Helen Orr

NORTHERN Australia’s cattle industry has put governments across the country on notice, warning “reckless” large-scale kneejerk decisions similar to the live export ban in 2011 could land them with a multimillion-dollar legal bill.

In a landmark verdict on Tuesday Federal Court Justice Steven Rares ruled in favour of the plaintiffs in a 300-strong class action seeking $600 million for lost income as a result of a ban on live cattle export to Indonesia in 2011.

NT pastoralists reflect on historic live export ban case

Justice Rares, in a blistering 150-page decision 18 months in the making, 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.

“(Ludwig) made the Ban Order shutting his eyes to the risk that it might be invalid and to the damage that it was calculated to cause persons in the position of Brett Cattle,” Justice Rares said.

The ruling paves the way for litigants, led by the NT’s Brett family of Brett Cattle Company, to be compensated a “substantial” amount.

Lawyers for the pastoralists and for the Commonwealth will head back to court at the end of June to work out exactly how much.

HISTORIC: The Federal Court of Australia has ruled in favour of NT pastoralists after a six-year legal battle against then Ag Minister Joe Ludwig’s decision to enforce a blanket live cattle export suspension.

Posted by The NT News on Monday, 1 June 2020

“LONG, LONG RIDE”

Brett family patriarch Colin was beaming after the decision saying he had started off this journey as a middle-aged man and now he was old.

“It’s been a long time, and a long ride, but I’ll tell you what, we’ve had some champions that have helped along the way,” Mr Brett said.

The family, who own and run the 189,500 hectare Waterloo Station 540km southwest of Katherine, suffered losses totalling about $2.5 million due to the ban and have been fighting for six years for justice.

Along the way they lost a son, Dougal Brett.

His wife Emily Brett said she was “overwhelmed” by the decision and only wished Dougal could be with her to see this day.

“To tell him that we won and that all our hard work and fighting paid off,” she said.

“This case was to make sure this doesn’t happen again, that no other business or industry has to go through what we had to go through, effectively shut down overnight with no time to prepare or plan.

“It’s been nine years and to be honest I’ve had enough, this has been the hugest fight and I’ve had to go through a lot in the middle of it. I’ve just had enough I just want closure now.”

Former Northern Territory Cattlemen’s Association chief executive Tracey Hayes. Picture: Glenn Campbell

STOP THE HEARTACHE

Former Northern Territory Cattlemen’s Association chief executive Tracey Hayes, who stood by the Brett family throughout the process, told the Federal Government that they should not even think about appealing the court’s decision.

“In relation to an appeal, please don’t,” she said.

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“The legal case was about a reckless government decision, and it’s devastating impact.

“Today, regardless of the result, each government at every level, and the decision making process is on notice.

“Fair minded Australians expect just and established process to be followed in government.”

Agriculture Minister David Littleproud, in a short statement on Tuesday, acknowledged the decision and said the government would now “carefully work through the judgement” before making any further comment.