Federal Court rules NT’s Brett Cattle Company should be compensated $2.93 million for damages caused by 2011 live export ban

A NT cattle family will be paid nearly $3 million in damages by the Federal Government over the 2011 live export ban to Indonesia, the Federal Court has ruled today.

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• NT pastoralists reflect on historic live export ban case

A NORTHERN Territory cattle family will be paid nearly $3 million in damages by the Federal Government over the 2011 live export ban to Indonesia.

Federal Court Justice Steven Rares today ruled NT’s Brett family of Brett Cattle Company be awarded $2.936 million plus costs for the damage then Agriculture Minister Joe Ludwig’s kneejerk cattle ban in 2011.

Former NT Cattlemen’s Association chief executive Tracey Hayes said this ruling was binding on the Commonwealth, meaning the government will have to front up the cash regardless of any appeal.

Prime Minister Scott Morrison, speaking shortly after the decision, signalled he would honour this.

“Those live cattle exporters were dealt with egregiously by the Gillard government and they deserve the support of ensuring their injury their hurt and their loss is addressed and I have every intention of making sure that is done,” he said.

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

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It comes after a landmark verdict by Justice Rares in June, where he 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.

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”.

“(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 court today also decided that an additional 88,000 head of cattle, at a minimum, could have been exported to Indonesia if the ban hadn’t been put in place.

Compensation costs to other members of the historic class action will be calculated at $2.15 per kg of steer and $1.95 per kg of heifer.

The likelihood exists, Ms Hayes said, that the total head of cattle will exceed 88,000 and compensation will not be capped if the evidence stacks up.

Importantly, the court has not closed off the possibility of “other categories of loss” which means there is a potential for claimants to return to court to argue for compensation not directly to cattle.

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The hearing in Federal Court today means the official 28 day appeal clock available to the Commonwealth Government will start ticking tomorrow.

Lawyers for the pastoralists and for the Commonwealth will head back to court on August 20 to work out how the class action will be administered going forward.

The class action remains opens for claimants to join but it is expected to shut soon.

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