Federal Court Justice Thawley finds live cattle export ban not to blame for lower 2012 and 2013 exports

Northern pastoralists fear their bid for more than $500 million compensation after the 2011 live cattle ban to Indonesia could be in jeopardy after a Federal Court judge downplayed the ban’s long-term impact. The Federal Government, under former Prime Minister Julia Gillard, suspended Australia’s live cattle trade to Indonesia for six months after footage was shown on ABC of cattle being mistreated and slaughtered without being stunned. Australia’s pastoral industry has been at war with the Federal Government in the years since, with a class action of 300 cattle producers launched in 2014 in an attempt to claim $510 million in compensation. The Federal Court sided with the class action in 2020 saying the ban was unlawful, but lead complainant — NT-based Brett Cattle Company — is the only plaintiff to have received any compensation following the Federal Court’s finding in 2020. The ban only lasted for six months but left 88,000 cattle bound for international shores stranded. The Federal Government under Anthony Albanese offered a $215 million settlement soon after taking office in 2022, but that figure was knocked back by industry which argued the figure should be closer to $510 million. Pastoralists took the matter back to court in April to argue the ban had also led to “further detriment” with a reduction in imports in 2012 and 2013. Meat and Livestock Australia figures show Australia exported 521,000 head of live cattle to Indonesia in 2010, 413,000 in 2011, 278,000 in 2012, and 452,000 in 2013. But Federal Court Justice Thomas Thawley last week ruled that exports to Indonesia were already declining prior to the Federal Government ban, as a result of a beef self-sufficiency policy that began in January 2010. He said 2012 and 2013 would not have experienced a higher cattle export rate if no ban had been made. How much compensation will be awarded to cattle producers is yet to be decided, with the parties set to confer by June 18 and court orders to follow. Tipperary Group general manager David Connolly told ABC’s NT Country Hour last week that pastoralists were “bitterly disappointed” and were seeking legal advice and considering an appeal. KPCA treasurer David Stoate, who is part of the class action, said pastoralists in WA were watching the matter closely. “Everyone is frustrated and would like this to be over... but the fight has a while to go yet,” he said. “We are hoping for a good outcome, we are disappointed. It is incredibly difficult to believe those comments. “For us personally, the number of cattle we exported definitely went down.”