The Northern Territory Cattlemen’s Association says nothing in today’s Federal Court judgment in the 2011 Live Cattle Export Brett Cattle Company Class Action changes the 2020 finding that the then Federal Government acted unlawfully when it shut down live cattle exports to Indonesia in 2011.
Claimants to the class action say that despite the Federal Court decision, all options are on the table and the fight for justice will continue on behalf of everyone involved, including all those whose livelihoods have been irreversibly impacted.
NTCA Chief Executive Officer Romy Carey said today’s judgment was not the outcome affected families, businesses and communities had hoped for, and the industry would now take time to carefully consider the decision and its implications.
“Today’s decision is deeply disappointing, particularly for the families and businesses who have carried the financial, emotional and personal cost of the 2011 live export shutdown for more than a decade. “We are awaiting the Court’s full reasoning and will now take the time to carefully consider all options available to us,” Mrs Carey said.
In 2020, the Federal Court found the former Minister’s decision to suspend live cattle exports to Indonesia was unlawful and amounted to misfeasance in public office.
“That remains a landmark victory for northern Australia and a historic moment for accountability in Australian agriculture.”
The 2011 suspension of live cattle exports to Indonesia caused immediate and severe disruption across the northern cattle industry, affecting producers, exporters, transporters, agents, veterinarians, contractors, small businesses and regional communities.
Mrs Carey said today’s judgment does not, and cannot, rewrite history.
“This industry did not imagine the damage caused by the 2011 ban,” Mrs Carey said.
“Confidence in a critical trade was shaken overnight. Cattle were stranded, businesses were brought to a halt, families lost income and commercial relationships were damaged.”.
“The Court has already found that the decision was unlawful. That finding stands.”
Mrs Carey said the case focuses on lawful government decision-making and accountability.
“This case has always been about something fundamental: governments must act lawfully, proportionately and with proper regard for the consequences of their decisions,” Mrs Carey said.
“This industry was not asking for special treatment. It was asking for lawful treatment and the 2011 suspension was unlawful. While the decision may affect the damages pathway, it doesn’t change the central fact.”
The NTCA acknowledged the Brett family, the lead applicants, the adjoining parties, the Australian Farmers’ Fighting Fund and the class action members who have carried the case through more than a decade of litigation.
“This has been an extraordinary act of courage and endurance by the Brett family and every person who stood with them,” Mrs Carey said.
“We acknowledge those who are no longer with us and who never got to see this chapter fully resolved. “We also acknowledge the toll this has taken on families, businesses and communities who have had to relive the consequences of that decision through years of legal proceedings.”
Mrs Carey said the Commonwealth must now act as a model litigant and bring the matter to a close.
“The Commonwealth should not treat today’s outcome as a licence to walk away from the people harmed by an unlawful government decision,” Mrs Carey said.
“A model litigant does not simply fight because it can. It acts fairly, resolves matters where it should, and recognises when people have waited long enough.
“The Commonwealth has had repeated opportunities to resolve this matter. It should now return to the table in good faith and work to bring finality to affected families and businesses.”
Mrs Carey said any attempt to portray today’s decision as a vindication of the 2011 ban would be wrong. “Let us be very clear: the government did not win the central argument of unlawful government action, nor does it erase the wrongdoing, the impact or the need for government accountability” Mrs Carey said.
Mrs Carey said the live cattle trade remains one of northern Australia’s most important industries and a critical part of Australia’s relationship with South-East Asia.
“The live cattle trade is a legitimate, highly regulated and strategically important industry,” Mrs Carey said. “It supports regional jobs, underpins northern development and contributes to food security across our region.
“The lesson from this case remains clear: decisions that affect regional industries must be lawful, evidence-based and proportionate.”
“When government gets it wrong, the consequences are real. Today does not change that.”
– ENDS –
