Live export court case: Government appeal decision on hold
The Federal Government is still weighing up its options, as Nationals MPs call for no appeal of the Federal Court ruling that found the 2011 live export ban unlawful.
THE Federal Government will not make a decision on whether to appeal the Federal Court’s ruling on the 2011 live export ban until the end of the month at the earliest.
Pressure is mounting from farmers – and within the Coalition itself – for the Government to accept the judgment that the Gillard Government’s blanket ban was unlawful, and put an end to the nine-year saga.
Attorney-General Christian Porter confirmed, however, there will be no decision on whether it will appeal until after the next court hearing on June 29 when final orders, including for damages, will be made.
“Obviously, Labor’s terrible decision on live exports caused enormous and unwarranted damage to the industry and individuals, which fact will form a central part of the Government’s more detailed consideration of how to resolve the matter,” Mr Porter said.
In a judgment handed down last week, the court found former Labor agriculture minister Joe Ludwig’s blanket ban was “capricious and unreasonable” and ordered the Government pay damages. It was the first time a case of misfeasance had been proved against a federal minister.
The Government is concerned the case sets a new precedent for challenging ministerial decisions; it’s understood an appeal is being considered, but there is also suggestion farmers could still be compensated.
The issue is already dividing the Coalition, with Nationals MPs already calling for the Government to accept the decision.
Queensland Nationals senator Matthew Canavan said his firm view was that they shouldn’t appeal.
“It’s just too much to ask people who have waited potentially a decade to wait another few years,” Senator Canavan said.
“They’ve been kicked in the guts enough.”
He questioned how much new limitation the case could put on ministerial discretion, given the tort of misfeasance in public office “has always been there”.
“I firmly believe there should be bounds on ministerial decisions,” Senator Canavan said.
NSW Nationals senator Perin Davey said there was a “strong feeling” among Nationals members that the ruling got it right.
“The important thing for me is that the many people whose businesses were devastated by the decision to ban an industry without consultation or advice receive due compensation,” she said.
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