Live Export

Federal Court awards $2.94m damages to Brett Cattle Company

James Nason, June 30, 2020

The Brett Cattle Company, the lead applicant in the successful class action against the Federal Government’s June 2011 decision to temporarily suspend cattle exports to Indonesia, will receive almost $3 million in damages, the Federal Court judge ruled on Monday.

Justice Steven Rares, who earlier this month ruled that ex-agriculture minister Joe Ludwig’s acted recklessly and committed the tort of misfeasance nine years who when he decided to suspend the entire trade without exceptions, yesterday handed down his ruling on damages.

The Brett Cattle Company was the lead applicant and one of 300 parties participating in the class action.

Justice Rares ordered the federal government to pay $2.94m to the Brett Cattle Company, inclusive of interest.

Had the Minister acted lawfully and extended exceptions to ‘closed loop’ supply chains which were able to meet Australian animal welfare standards at the time, Justice Rares said at least an additional 88,000 cattle would have been exported from Australia to Indonesia in 2011.

Had such an exceptions order been included, it was reasonable to expect those cattle would have been worth $2.15 per kg for steers and $1.95 per kg for heifers, Justice Rares said.

With damages for the remaining 300 or so parties registered with the class action yet to be determined the Federal Government is facing a potential compensation payout worth hundreds of millions of dollars.

Justice Rares said issues still to be determined for the purpose of group members’ claims include questions around what the Indonesian market’s maximum capacity for the import of cattle was in 2011 and 2012, the amount of any Indonesian import quotas or permits in those years and the availability of shipping to enable cattle exports at the time.

The matter will return to the Federal Court on August 20 to consider damages for other parties.

The government is still yet to announce whether it will appeal Justice Rares’ June 2 ruling.

 

HAVE YOUR SAY

Your email address will not be published. Required fields are marked *

Your comment will not appear until it has been moderated.
Contributions that contravene our Comments Policy will not be published.

Comments

  1. Pip and Scott Hann, July 1, 2020

    Well done to the Brett family for taking on the challenge and seeing it through to this successful result. Let’s hope all affected northern producers are compensated for the hardships endured.

  2. Lock Rogers, June 30, 2020

    Congratulations to Brett Cattle Co. and Emily Brett for your courage to take the lead in this class action and your resilience to ride out the case. You deserve the win and I’m sure many other Northern producers will benefit from all of your hard work and perseverance.

Get Beef Central's news headlines emailed to you -
FREE!