Federal Court rejects live exporters’ appeal

CATTLE exporters seeking compensation over the suspension of live cattle exports to Indonesia in 2011 have had their appeal turned down by the Federal Court.

Last week the court ruled that the industry had failed to demonstrate it would have shipped significantly more cattle in the years following the ban.

The Full Court upheld an earlier finding that damages must be based on the original estimate of 88,000 head, rejecting arguments that a narrower “exceptions order” would have preserved trade volumes into 2012 and 2013.

The court found there was “no evidence” to support the exporters’ claim that shipments would have increased had the Commonwealth adopted a more targeted regulatory approach. It also reaffirmed that Indonesia’s domestic beef self‑sufficiency policy, not the Australian suspension, was the primary driver of reduced import volumes during that period.

The ruling does not disturb the landmark 2020 judgment that former agriculture minister Joe Ludwig acted unlawfully and committed misfeasance in public office by imposing the blanket ban. However, it significantly narrows the compensation pathway for more than 200 claimants who have been pursuing damages for 15 years.

The Northern Territory Cattlemen’s Association said the decision was a major setback for producers who suffered severe financial and operational impacts following the 2011 suspension.

NTCA chief executive Romy Carey said the ruling was “deeply disappointing”, adding that it “does not rewrite history” and does not alter the court’s earlier finding that the ban itself was unlawful.

She said the association was reviewing the judgment and that “all options remain on the table” as claimants consider their next steps.

Producers involved in the class action expressed frustration that the damages framework did not reflect the long‑term commercial consequences of the ban. WA cattleman Michael Thompson, quoted in ABC reporting, said the likely payout would not cover even the $50,000 he contributed to the case, describing the outcome as “devastating”.

AgForce Queensland also criticised the ruling, saying it failed to recognise the prolonged disruption to trade relationships with Indonesian importers.

The Commonwealth has previously indicated a willingness to settle the matter for around $215 million, a figure now seen as closer to the likely final outcome following the Full Court’s decision.

While the NTCA maintains the total compensation bill will still be in the hundreds of millions, the rejected appeal means exporters will not be able to pursue the higher damages model they had argued reflected the true scale of losses.