Live cattle export ban class action claimants launch appeal against Federal Court’s June ruling

Claimants in the long-running class action against the Federal Government’s 2011 live cattle export ban have launched an appeal, challenging a recent Federal Court ruling that the ban had no long-term impact on export numbers.

As reported by ABC’s WA Country Hour on August 7, the appeal is focused on the court’s findings regarding the extent of damages suffered by the industry, and the level of compensation being offered by the Government.

The class action, led by NT-based Brett Cattle Company, is seeking $510 million in compensation plus costs and interest. Only $215 million was offered to claimants by the Government under Anthony Albanese.

Class action participant and former Hedland Export Depot owner Paul Brown told the Countryman in June the offered amount was “gross”, “inadequate”, “paltry”, and “bordering on negligent”.

The 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.

The move left 88,000 cattle bound for international shores stranded, and ground the live cattle export industry to a halt.

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.

But Mr Brown said the ban had a devastating effect on Australian pastoralists beyond financial circumstances. He said the money being offered failed to include any provision for compensation, loss of business, anguish, or stress.

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 after the Federal Court’s finding in 2020.

In June, Federal Court Justice Tom Thawley said that live cattle exports in 2012 and 2013 were not affected by the ban in 2011 — a claim pastoralists have vehemently denied.

Figures from Meat and Livestock Australia 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.