Northern Australian cattle producers are celebrating today after the Federal Court today ruled a 2011 live export ban imposed by the Commonwealth was unlawful.
Key points:
- The Federal Court rules the 2011 live cattle export ban was unlawful
- The ruling is a win for the 300-strong class action against the Commonwealth
- The Court found Brett Cattle is entitled to compensation from the Commonwealth
The 300-strong class action started in 2014, seeking $600 million in compensation for lost income as a result of the ban.
After 18 months of deliberation, Justice Stephen Rares today ruled former Agriculture Minister Joe Ludwig acted with misfeasance when the then Gillard Government introduced the ban.
In delivering his judgement, Justice Rares said the ban order was "capricious" and "unreasonable".
He said:
"I am comfortably satisfied, based on the whole of the evidence, that the Minister was recklessly indifferent as to first, the availability of his power to make the Ban Order in its absolutely prohibitory terms without providing any power of exception and, secondly, as to the injury which the order, when effectual, was calculated to produce.
Accordingly, the Minister committed misfeasance in public office when he made the Ban Order on 7 June 2011."
Class-action spokeswoman Tracey Hayes said the ban was "an attack on the industry by our own Commonwealth" that "inflicted a decade of pain" on the lead plaintiffs, Emily Brett and her late husband Dougal.
"The truth is, the shutdown was not required," Ms Hayes said.
"To enact the changes needed in some offshore facilities, it simply was not necessary.
She said farmers' livelihoods would not have been hit had "calmer heads prevailed".
Ms Hayes also pleaded with the Commonwealth to not proceed with an appeal on today's decision.
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'Plunged ahead regardless'
The Gillard government's action came after an ABC Four Corners investigation into Indonesian abattoirs.
In response to the outrage in the community, then-Senator Ludwig announced that trade to those abattoirs would stop.
Justice Rares found that Mr Ludwig made the ban despite knowing that industry representatives had assured him exports could be conducted in a tightly-controlled manner.
He also found that he had made no attempt to explore solutions with the Indonesian government and there was no advice from his Department about an exclusive ban on exports to Indonesia
Justice Rares said there was "a real risk that, if he made the order in the form he adopted, it might be invalid".
"He 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."
'Entitled to substantial damages'
Speaking after today's verdict Ms Brett said the fight had been worth it.
"We suffered immense financial hardship because of the ban, so much stress, it was overwhelming at times," she said.
Justice Rares said Brett Cattle was "entitled to substantial damages" and said the "Minister and the Commonwealth must pay its costs of the proceeding".
Colin Brett, Dougal's father, said common sense had prevailed.
"I don't think any industry in Australia should ever be closed down overnight without government speaking to industry and giving them a chance to defend themselves.
"From my own family's point of view, it's not the money we were concerned about as much as the government not being able to do this ever again.
"They have to give our industry and other industries more time to adjust to what they are about to do."
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2020-06-02 03:02:01Z
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