‘Justice is done’: Federal Government won’t appeal multimillion-dollar live cattle export court ruling

A SIX-YEAR legal battle waged by NT pastoralists against the Commonwealth’s 2011 live cattle export ban has come to a joyous end after the Federal Government opted not to appeal the court decision.

• 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

A SIX-YEAR legal battle waged by NT pastoralists against the Commonwealth’s 2011 live cattle export ban has come to a joyous end after the Federal Government opted not to appeal the court decision.

After weeks of anxious speculation by farming lobby groups and pastoralists, Attorney-General Christian Porter confirmed late on Wednesday afternoon that the Federal Government would accept the outcome handed down by Federal Court.

This paves the way for the 300-claimant strong class action to be compensated for the loss of income resulting from the ban on live cattle export to Indonesia in 2011.

Justice 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.

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.

Attorney-General Christian Porter. Picture: Sam Mooy/Getty Images

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The 28-day appeal clock has been ticking since June 29, when Justice Rares ordered the Commonwealth pay lead litigant, NT’s Brett Cattle Company, $2.9m in damages, while damages for the other 300 or so litigants are being calculated.

Mr Porter said the Coalition Government had decided not to jeopardise the outcome for those involved in the class action but reserves its right to fight, on this particular legal principal, if a case arises in the future.

“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.

“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.”

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

Class action facilitator and former NT Cattleman’s Association boss Tracey Hayes said the government had made the right decision.

“It’s an incredible outcome for the North and I am proud of the outcome,” she said.

“We would like to thank Prime Minister Scott Morrison and in particular the Nationals party room for their unwavering support.

“It demonstrates what we can achieve when we work together and well done to the NTCA and the National Farmers Federation.”

Queensland National Senator and former Northern Australia Minister Matt Canavan, who was in Tennant Creek when he heard the news, said justice would finally be done.

“You bloody beauty,” he said.

“Finally justice will be done after Labor’s destructive, knee jerk and now illegal decision to take away people’s livelihoods and jobs overnight.”

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NTCA chief executive Ashley Manicaros said he understood Mr Morrison had taken a “very strong position” against an appeal.

“We thank him for his support and doing the right thing,” Mr Manicaros said.

“The cattle industry in Northern Australia is vital to the economic future of not only this region but Australia’s overall trade partnerships.”