By Daniel Fitzgerald
Australian cattle in a back of a truck in Jakarta, Indonesia in 2011, the year Australia's Labor government banned live exports to Indonesia. File photo. Photo: ADEK BERRY / AFP
The applicants in the long-running class action over Australia's 2011 live export ban have made a counter offer for compensation from the federal government in an attempt to settle the case more than three years after a court ruled in their favour.
In 2020, the Federal Court found the former Labor government's decision to ban live exports to Indonesia was unlawful, with a group of cattle producers, exporters and service providers originally seeking A$600 million (NZ$644m) in compensation for lost income.
For the last three years, the group has been negotiating over the compensation figure, and the government's A$215m (NZ$231m) offer has been knocked back twice.
The 215-strong class action group has now offered to settle the case for A$510m (NZ$548m), plus costs and interest, which, according to the National Farmers Federation (NFF), could see a settlement of between A$800m to A$900m (NZ$859m to $966m).
"This latest settlement offer is an attempt to bring to an end a very painful chapter in the history of Australian agriculture that has done severe and unnecessary damage to producers, their families and the broader supply chain," NFF chief executive Tony Mahar said.
"The government's political decision to end live export showed scant regard for its own departmental advice, and caused widespread financial damage, family break ups, and even suicide among those impacted.
"Agriculture Minister Murray Watt needs to accept this offer and bring this matter to an end, giving farmers and their families affected the closure that they deserve following the findings of the Federal Court."
Delay 'strategy' criticised
A spokesperson for federal Attorney-General Mark Dreyfus says "the delay in resolving this proceeding is not due to any actions by the Commonwealth".
"The Commonwealth has engaged in a good faith attempt to settle the claims made by the applicants, including by making an offer of settlement of $215 million in December 2022," the spokesperson said.
We have welcomed a counter offer made to the Commonwealth Government to hopefully close the long-running class action of those left devastated by the unlawful closure of the live cattle export trade in 2011.
— National Farmers' Federation (@NationalFarmers) December 4, 2023
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During the October NFF National Conference, Watt said his preference was for the class action settlement to be resolved, but believed criticism of the government's role in the delays was not right.
"We made a settlement offer of $215 million worth of taxpayer money before Christmas last year ... and, frankly, I think the claimants need to have a really good hard talk to their lawyers about the strategy they're employing," he said.
"I think those lawyers need to get their act together and make sure they're properly representing their clients who deserve a fair and decent outcome."
The NFF said the "government has until January 19, 2024, to accept the offer or face a potentially much more significant payout allowing the Federal Court to rule on the quantum of damages".
- ABC
