A Federal Court judge has delivered a blow to plaintiffs in the long-running class action over the Gillard Government’s 2011 suspension of cattle exports to Indonesia.

In 2020 the Federal Court ruled that the suspension had been an illegal act of misfeasance.

In recent weeks the case has returned to the Federal Court to hear evidence on the number of cattle that would have been exported had the sudden export ban not been imposed, in order to determine the quantum of compensation payable to hundreds of affected cattle production and affiliated businesses.

The original decision by Federal Court Justice Rares stated that at least 88,000 would have been exported if not for the ban, for which the Albanese Government last year offered to pay a total of $215 million settle the case.

However the industry has argued the number would have been much higher, in the vicinity of 500,000 to 800,000 head, and believes compensation should be much closer to $1 billion.

In a setback for the industry’s position, Federal Court Justice Thawley ruled late last week that the the 88,000 head figure stated in the initial Justice Rares’ ruling was the appropriate number upon which to determine damages payable.

The full details of the ruling are yet to be publicly released, but Hugh Nivison (left), chair of the Australian Farmers Fighting Fund which has bankrolled the class action described the decision as “incredibly disappointing”.

After seeing the full judgement when it is released, he said the parties involved in the class action will have to consider whether to appeal or accept the latest ruling, with a decision on that expected to be made in coming weeks.

“In the end it is a judge making a decision based on the evidence in front of them,” he said.

“I think we were all hoping for a better outcome than that.”

He said the class action had established the important principal that the Government had acted illegally in imposing the 2011 export suspension.

“That is the whole reason the Fighting Fund gets involved is to set legal precedents, and finding a Minister guilty of misfeasance in public office is a pretty high bar.

“It would have been nice to get some significant recourse back into the north for all those hardships suffered since 2011.

“In the end it is the call the judge makes, I think the team will now have to assess whether it is appealable or not, and that decision will be made in the next couple of weeks I understand.”

A further hearing to determine the quantum of compensation to be paid is scheduled to commence on June 18.