It’s a topic many in the northern cattle industry say they are sick and tired of talking about but one that they will never give up on pursuing.

Hugh Nivison at the 2025 NTCA Confernece in Darwin.

Despite a 2020 Federal Court ruling that the Gillard Government’s 2011 suspension of live cattle exports to Indonesia was illegal, hundreds of businesses affected by the decision are still yet to receive compensation.

The case heads back to court in two weeks time, when a judge will hear evidence from both sides before ruling on the number of cattle that would have been exported if the illegal ban had not been implemented.

This month’s hearings will provide a guide to the quantum of compensation the Federal Government must pay to those impacted by its ban.

At the recent annual Northern Territory Cattlemen’s Association conference in Darwin it was an issue many attendees who spoke to Beef Central said they were frustrated to still be talking about, but one they said they would refuse to give up on, particularly for the number of people who were directly impacted or fought for justice but are no longer alive to see the case closed.

“Everyone is just incredibly disappointed it has taken this long, here we are 14 years down the track, and we still haven’t got a result for anyone but the (class action leaders) Brett family,” Australian Farmers Fighting Fund (AFFF) chair High Nivison told Beef Central at the NTCA conference.

“2011 was the original illegal decision, we’re coming up to 14 years, it is just a saga that should have been resolved a very, very long time ago at a lot less cost.”

The AFFF had been forced to spend almost $30 million so far in legal expenses seeking fair compensation for affected businesses from the Australian Government.

While that will ultimately be returned to the AFFF in costs, it was a sum the Australian taxpayer should not have had to pay, Mr Nivison said.

“Over half of the amount awarded is going to be interest, and so that shouldn’t have to be paid either.

“If they had paid up and paid early, this would have been resolved a long time ago, and just the delay, delay, delay is incredibly frustrating.”

 The Albanese Government had offered over $200 million inclusive of all costs, which it based on the original decision that said at least 88,000 cattle would have been exported.

“We think the number of cattle that would have been exported is closer to over half a million over 2011, 2012, 2013, up to about 800,000 head of cattle in those three years,” Mr Nivison told Beef Central.

“That is a lot more than what the Government is offering which is why we haven’t settled, their number is incredibly low ball.”

“We’re due back in the Federal Court under a new judge starting the middle of April for about a three-week hearing to determine the numbers of cattle that would have been exported.

“And that is a really important defining moment.”

“The case has been won. There is no doubt. The Minister performed an act of misfeasance.

“In the end, what we are going to get out of this process in April, whenever the judgement comes out, which may be a couple of months down the track,  will be a decision that says this is the number of cattle, and that will be the closest we have ever come to  something to hang a dollar figure on.”

At the NTCA conference several speakers blasted the Albanese Government’s approach to dealing with the issue, saying that politics was being allowed to get in the way of justice for hundreds of people affected over a decade ago, including many no longer here.

“I think everybody realises a resolution is going to occur, they just hope they’re going to see it in their lifetime, and unfortunately some people haven’t.”