DOCUMENTS revealed via the class action claim against the Commonwealth over the 2011 live cattle export ban to Indonesia supports industry’s view it was rushed, made without real consultation and did little to improve trade or animal welfare conditions.
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That’s the view the Northern Territory Cattlemen’s Association (NTCA) expressed in a statement on Monday updating progress on the class action claim filed in the Federal Court on October 27 last year.
Reportedly valued at $1 billion, the claim involves large exporting companies and small associated businesses like cattle producers and transport operators seeking financial compensation for damages linked to the former Labor government’s snap suspension.
NTCA CEO Tracey Hayes said the class action claim filed against the Commonwealth was approaching a “significant milestone”, with the discovery process nearing completion.
“This is a significant step forward in the case, with the completion of the discovery process by both parties presenting the first opportunity for Brett Cattle Company, the lead party in the class action, to view the material that the Minister and the Commonwealth relied upon to make the decision to suspend the live export trade to Indonesia in 2011," she said.
Ms Hayes said the NTCA was not a party to the claim but had facilitated the process with assistance from the Australian Farmers Fighting Fund (AFFF) and National Farmers Federation.
The AFFF has contributed about $750,000 to support the class action claim and has also agreed to provide further financial backing to progress the case to court, if needed.
Ms Hayes said the material reviewed by law firm Minter Ellison supported the Brett Cattle Company's points of claim, while building on the industry's long held theory that the decision to suspend the trade in 2011 was “rushed, made without real consultation and did little to actually improve trade or animal welfare conditions”.
“The next significant task is to complete the picture of what actually happened in the department and the Minister's office in the days leading up to the ban and present our evidence to the court,” she said.
Ms Hayes said a notice to all potentially affected parties would soon be circulated in peak body publications, industry press and major media outlets.
She said that notice would call on anyone not wishing to be involved in the claim to “opt out” and was a formal step of the court before the case proceeded to hearing.
“All of Brett Cattle Company's evidence will be filed before the end of the year, and Minter Ellison will be seeking a hearing date in the second half of 2016,” she said.
Former Prime Minister Tony Abbott has said the interests of justice must be served along with the interests of taxpayers, and therefore the Commonwealth would run the case as a best practice litigant.
Independent legal advice by former Federal Court of Australia judge and Royal Commissioner Roger Gyles was filed with the class action claim.
His 33-page evaluation concluded by saying, “I regard the draft statement of claim as disclosing a cause of action which has at least a meaningful prospect of liability being established”.
However, former federal Agriculture Minister Joe Ludwig and the Commonwealth have denied key allegations submitted against them in the legal dispute.
A copy of the 27-page statement of defence - obtained by Fairfax Agricultural Media - addressed the 65 paragraphs outlined in the statement of claim.
Paragraph 61 in the statement of claim said the applicant and group members had suffered and continue to suffer loss and damage due to then Minister Ludwig making the Second Control Order.
But the respondents said they “do not know and therefore cannot admit” those allegations made in the claim.
The controversial trade suspension saw live cattle exports to Indonesia halted for about one month during peak exporting season, following revelations of animal cruelty exposed by an ABC 4Corners broadcast on May 30, 2011.
A first Control Order was subsequently made on June 2, 2011 by Minister Ludwig which restricted cattle exports to the 12 Indonesian abattoirs identified in the ABC program.
But in seeking to prove “malfeasance” in public office, the class action claim alleges the Second Control Order made by the then minister on June 7, 2011, restricting exports to Indonesia for six months, was “invalid”.
A first directions hearing was held in Sydney in late November last year, where the court asked both parties to begin considering how damages would be calculated - a request which the Commonwealth did not argue against.
The claim was again listed in this year’s budget papers under the section, ‘unquantifiable contingent liabilities’.
“The Australian Government has received a statement of claim seeking compensation for alleged losses due to the temporary suspension of exports of live animals to Indonesia that was put in place on 7 June 2011,” the budget papers said.
Senator Ludwig’s office declined to comment saying the matter was subject to ongoing judicial proceedings.
The Attorney General George Brandis was also contacted for comment.