Judge's ire as 'glacial' cattle export lawsuit plods on

A lawsuit brought on behalf of Australian cattle farmers who exported to Indonesia more than a decade ago has been criticised for moving at a “glacial pace”.

The class action was brought in October 2014 by farmers who allege they lost income after then-Labor senator Joe Ludwig banned live cattle exports to Indonesia in June 2011.

The government had reacted to public outcry after an ABC Four Corners program showed graphic footage of cattle being inhumanely slaughtered.

At a brief hearing on Monday, Federal Court Justice Tom Thawley criticised the lawsuit’s slow pace.

“It has taken an inordinate amount of time for these proceedings to be heard,” he told lawyers representing both the class action and Mr Ludwig.

“The parties have carried on at a glacial pace for years.”

In June 2020, Justice Steven Rares found Mr Ludwig committed misfeasance in public office by suspending the export of live cattle to Indonesia for six months from June 2011.

An additional 88,000 head of live cattle would have been sent to Indonesia in 2011 if the minister had acted properly, the court found.

In a June judgment, Justice Thawley limited the potential compensation farmers could receive over the then-senator’s unlawful order.

While farmers contended more cattle would have been exported in 2012 and 2013 had Mr Ludwig made an exceptions order instead of his six-month ban, the judge disagreed.

This means farmers can only seek compensation for losses from 2011.

On Monday, class action barrister Patrick Holmes said his clients were still considering whether to appeal the June decision.

Any appeal has to be lodged by August 5.

Justice Thawley scheduled another short hearing two days after that date.

He warned the parties to work out a plan if there was no legal challenge.

“If there is no appeal, the timetable had better be one which deals with this case expeditiously,” he said.

Only the lead applicant in the class action, the Northern Territory-based Brett Cattle Company, has received a payout of $3 million as a result of the lawsuit.

Settlement talks are ongoing.