Live Export

Livex class action: Affected parties must declare if they wish to ‘Opt Out’

Beef Central, 17/12/2015

cattle-indonesia-2An urgent plea has gone out for individuals and businesses affected by the 2011 live export ban to declare whether they wish to be a part of a class action seeking compensation for damages caused by the ban.

Legal firm Minter Ellison is currently preparing the Live Export Class Action led by the Brett Cattle Company Pty Ltd against the Commonwealth. The class action is due to be heard in the Federal Court of Australia in 2016.

Individuals and businesses affected by the ban are considered a member of the class action if:

(a) on or around 7 June 2011, they derived financial benefit from:

(i) producing cattle in Australia which were sold for live export to the Republic of Indonesia (“Producers”);

(ii) exporting cattle from Australia to the Republic of Indonesia (“Exporters”); or

(iii) providing transport services, mustering services, feed, agistment and/or other incidental services to Producers and/or Exporters; and

(b) they suffered loss and or financial harm or damage as a result of the Export Control (Export of Live-stock to the Republic of Indonesia) Order 2011.

Importantly, unless affected parties “opt out”, they will be bound by the outcome of the class action.

  • If you are unsure whether or not you are a class member, you are urged to contact Andrew Gill at Minter Ellison on (02) 6225 3260 or email Andrew.gill@minterellison.com and/or seek your own legal advice without delay.

 

People who wish to opt out of the class action you must do so by completing a “Notice of opting out by class member” form (Form 21 of the Court’s approved forms), then returning it to the Registrar of the Federal Court of Australia at the address on the form.

The Notice must reach the Registrar by no later than 4.00pm on 1 April 2016.

Affected parties are urged to read this ‘Opt Out document in full and to direct any queries to Andrew Gill at Minter Ellison or to the Northern Territory Cattlemen’s Association Conference in Darwin.

 

 

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