The federal government has rejected an offer to settle the long-running live export class action, a move described as “callous” by the National Farmers Federation (NFF).
Key points:
- Federal government rejects $510 million offer plus interest to settle live export class action
- Class action found the 2011 ban on live exports to Indonesia was unlawful
- Cattle industry has previously rejected the government’s offer of $215 million
In 2020, a group of cattle producers, exporters and service providers won a class action in the Federal Court, which found the former Labor government’s 2011 decision to ban live exports to Indonesia was unlawful.
In the years since only the lead claimant, the Brett Cattle Company, had received compensation.
On Friday, the federal government rejected the 215 remaining claimants’ offer to settle the case for $510 million, plus costs and interest, which could have resulted in a total figure of more than $800 million.
The claimants had previously rejected the federal government’s offer of $215 million, which was made in December 2022.
“The government had ignored an opportunity to address years of financial and emotional pain, and allow claimants to put the saga behind them once and for all,” NFF acting chief executive Charlie Thomas said.
“This is a petty and callous move by a government which seems determined to deny justice to these families at all costs,” Mr Thomas said.
“They had the chance to do the right thing and end years of pain. Instead, they’ve chosen to allow this matter to fester and be dragged back through the courts.”
Case may end up back in court
NT Cattlemen’s Association president David Connolly said the rejection was “a cowardly action of a government that refuses to accept the consequences of its own actions.”
“What I’m worried about is how do I go back to all the claimants and try to explain to them what this government is doing to them,” Mr Connolly said.
“This action has been going on so long that some that some family members who commenced the claim have passed on and will never see justice.”
After today’s rejection of the counteroffer, the case may end up back before the court for a final settlement.
“Far from acting as a model litigant, [the federal government is] now pulling out every delay tactic they can find to avoid making good on their wrongdoing,” Mr Thomas said.
“It seems likely at this point that the government’s tactics will force this matter back into the courts to secure an outcome.
“While this is no doubt a disappointing day for those impacted, we’ll continue to stand alongside them until this matter is resolved.”
Mr Connolly said the claimants would continue to fight for compensation.
“If the government expects us to wither or cave in now, then guess again,” he said.
“Our resolve has never been firmer and despite the harm the government is inflicting on us, we are not frightened by them and we are not weakened.
“We are up for this fight and we will continue this fight until we get the justice we have fought for, for over a decade.”
Federal attorney-general Mark Dreyfus has been contacted for comment.
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