Live Export

No sign of a settlement in sight, Livex class action appears headed for court

James Nason, 13/09/2016

There seems little chance that parties seeking compensation for the impact of the Federal Government’s June 2011 suspension of live cattle exports to Indonesia will see a result anytime soon.

A class action was launched against the Federal Government almost two years ago with backing from the Australian Farmers Fighting Fund.

Lawyers representing the affected parties allege that the Gillard Government’s decision was made with unreasonable urgency and secrecy, without supporting information or adequate legal advice, and showed a reckless disregard for the impacts of the decision.

The case continues to drag on through the Federal Court, with a hearing date set for next year.

“Unfortunately the Commonwealth is showing no sign of wanting to settle the case and provide some much needed support to those who suffered loss as a result of this decision in 2011,” AFFF chair Hugh Nivison told Beef Central this week.

“Costs to industry continue to rise.”

Evidence from Brett Cattle Company, which is leading the claim on behalf of the live export industry, has now been filed in the Federal Court including expert reports on the state of the industry and estimated losses.

Mr Nivison said delays continue to frustrate the process, with the Commonwealth now required to file evidence on behalf of the former Agriculture Minister, Joe Ludwig, in the first week of October 2016, having requested an extension from August.

The case has been set for two weeks of hearing in July next year.


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  1. Eion John McAllister, 23/09/2016

    Where they generally are, missing in action when anything important is happening. Happy to say they are a service and support organisation that can’t be involved in political advocacy or lobbying in the case of one and simply irrelevant and ineffective in the case of the other. One was apparently in the tent and talking with the government and the other was cooling its heels in the lobby, sidelined and virtually excluded from access.
    If CCA had any sense of responsibility towards producers it would have been instigating class actions or facilitating frameworks for producers to progress such actions with their unequivocal support and voice. CCA is an embarrassment as an industry advocacy and representative body.
    Does anyone really expect the Feds to do the fair thing by those producers?
    As usual lots of hot air and platitudes from the government but no actions. It would be a real innovation if they actually stood up and said that there was a need to make this right.

  2. Edgar Burnett, 16/09/2016

    If the present Government had not been such an ineffective force as the Opposition when this ban was put in place, the ban may not have happened. This ban cost the Cattle Industry an enormous amount of money and top marks to the Brett family for instigating – where were our Industry Bodies like the CCA and MLA on the day?

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