Farmers call bulldust on Labor’s live cattle ban compensation delay

A decision of the Gillard government has come back to haunt the Albanese administration in the middle of an election campaign.

Australian cattle in a feedlot prior to export to SE Asia. Picture: Australian Livestock Exporters’ Council.

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Farmers are demanding both major parties commit to quickly resolving a long-running, bitter compensation battle over the Gillard government’s live cattle export ban, as a damaging court case ­resumes mid-election campaign.

In 2020, the Federal Court found the 2011 snap ban on live cattle exports in response to an ABC Four Corners program “constituted malfeasance in public ­office”, ordering the government to pay damages and costs.

Negotiations have since failed to reach agreement, with the government sticking to a $215m offer, less than half the $500m – plus a similar figure in interest – being demanded by the 215 injured parties. These include cattle producers, exporters, veterinarians and musterers whose incomes, businesses and lives have been severely impacted by the ban and the subsequent failure to pay compensation. The standoff has been blamed for suicides and business collapses, but the failure to reach agreement has forced the issue back to court for hearings from Monday, April 14.

David Jochinke, president of the National Farmers Federation, wants both major political parties to commit to ending the long-running live cattle export class action. Picture: Luis Enrique Ascui

After 14 years of struggling for justice, the National Farmers Federation told The Australian that whoever was elected on May 3 must move to quickly resolve the issue to prevent further ­trauma and legal costs.

“The real injustice today is that the Australian government continues to drag out the settlement process, denying these families the compensation they rightfully deserve,” said NFF president David Jochinke. “A government worth its salt would act swiftly and fairly, allowing these families to move on and rebuild their lives without further delay.

“The longer this drags on, the more taxpayers are footing the bill. Interest alone will likely outstrip the damages.”

The court case will be unwelcome for the government in the middle of an election campaign, particularly given ongoing claims it is treating victims “appallingly”.

“These victims have suffered enough – it’s been 14 long years since their livelihoods were ripped away overnight,” Mr ­Jochinke said. “Since then, people have died, businesses have collapsed and families have buckled under the strain.

“They’ve endured petty politics, legal games and a government shirking its responsibility to fairly compensate them. These victims have been treated appallingly. They deserve better.”

Nationals leader David Littleproud promised a “quick” resolution should the Coalition win the election, agreeing the case, known as the Brett Cattle live export class action, had “dragged on for too long”.

“A Coalition government will act to have this case resolved quickly to provide certainty and closure to this matter for the cattle industry,” he said. “We will make sure the commonwealth is guided by model litigant principles, in bringing about a swift and fair resolution. The Coalition will treat the cattle industry fairly and respect the individuals involved in the case.”

Nationals leader David Littleproud promises the Coalition would move ‘quickly’ to resolve the long-running and painful saga. Picture: Martin Ollman

A spokeswoman for Attorney-General Mark Dreyfus said the government had made a “very substantial settlement offer of $215m” within months of taking office.

“The government has engaged in good-faith attempts to settle these claims and will continue to do so,” she said. “Ultimately, if the parties cannot settle, it will be a matter for the Federal Court to decide precisely how much the commonwealth owes the ­applicants.

“Even though the live cattle ruling was made in 2020, the former Coalition government did not settle the case with the applicants and left this to the incoming Labor government to resolve.”

Attorney-General Mark Dreyfus says the Federal Court may need to decide the amount of damages paid over the Gillard government’s unlawful live cattle export ban. Picture: Martin Ollman