Court rules 2011 cattle live export ban invalid

Court rules, Australian government’s 2011 cattle live export ban was invalid

Cattle producers and livestock transporters in the NT and around Australia celebrated after the Federal Court Tuesday ruled a 2011 live export ban imposed by the Commonwealth was unlawful.

The 300-strong class action started in 2014, seeking $600 million in compensation for lost income as a result of the ban.

The Gillard government's ban came after an ABC Four Corners investigation into Indonesian abattoirs.

In response to the outrage in the community, then-Senator Ludwig announced that trade to those abattoirs would stop.

Justice Rares found that then-Senator Ludwig ordered the ban despite knowing that industry representatives had assured him exports could be conducted in a tightly-controlled manner.

He also found that he had made no attempt to explore solutions with the Indonesian government and there was no advice from his Department about an exclusive ban on exports to Indonesia

After 18 months of deliberation, Justice Steven Rares ruled former agriculture minister Joe Ludwig acted with misfeasance because he acted unlawfully in his position of public office when the then Gillard government introduced the ban.

In delivering his judgment, the judge found the blanket ban had been “invalid and capricious”.

Justice Rares said Brett Cattle Company was “entitled to substantial damages” and said the “minister and the Commonwealth must pay its costs of the proceeding”.

Colin Brett, Dougal’s father, said common sense had prevailed.

“I don’t think any industry in Australia should ever be closed down overnight without government speaking to industry and giving them a chance to defend themselves.

“From my own family’s point of view, it's not the money we were concerned about as much as the government not being able to do this ever again.

While this ruling concerns a former Labor minister, it is the Federal Government that will have to wear the cost of any compensation claim.

In a statement, Agriculture Minister David Littleproud said the Government would “carefully work through the judgement” before commenting on the matter.

Agribusiness lawyer Trent Thorne said he would be surprised if the Commonwealth appeals the Federal Court's decision and described the ruling as extraordinary.

Upgrades for Thomas Road

Nearly $26 million worth of upgrades will be completed on Thomas Road, between Kwinana Freeway and South Western Highway, over the next two years.

Premier Mark McGowan and Transport Minister Rita Saffioti joined Matthew Swinbourn MLC to inspect the intersection of Thomas Road and Nicholson Road in Oakford, that will soon receive a much needed upgrade.

Planning and development is progressing on this crucial upgrade with construction set to begin in the latter half of next year.

A new two lane roundabout will be installed to improve safety and traffic efficiency for the 19,000 vehicles that pass through the intersection daily. The works were made possible by a joint funding partnership between the State and Federal Governments.

Safety improvement upgrades on a busy 4.3 kilometre section of Thomas Road, between Kwinana Freeway and Cumming Road in Anketell have recently been completed.

Improvement works included shoulder widening and resurfacing along with the installation of new line markings and raised road pavement markers. The upgrades will significantly improve safety for road users on this stretch of road, which has seen 114 reported crashes in the five years to December 2019.

Design and development work is also underway to improve safety at the intersection of Kargotich Road, which was listed as a State Black Spot in 2018.

The project, set to commence construction next year, will see installation of a new roundabout.

In addition, planning is also progressing to provide a dual carriageway on the one-kilometre section of Thomas Road immediately east of Kwinana Freeway, in anticipation of a commercial sector development that will create and support local jobs.

Funding for this proposed upgrade, which will include the construction of a two-lane roundabout to help ease traffic flow heading north and south, is still to be secured and discussions with the Commonwealth Government are ongoing.

Road planning is also underway to help develop the potential long-term future of the Thomas and Anketell Road freight corridor, from the proposed Kwinana Outer Harbour site to Tonkin Highway.