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Federal government accused of 'contempt' for pastoralists after $215m offer to settle live export ban class action

The 2011 ban of live cattle exports resulted in losses worth $1.2 billion according to pastoralists and businesses. (ABC Rural: Matt Brann)

Cattle producers have accused the Albanese government of showing "contempt" for the industry, after its $215 million settlement offer in the billion-dollar live export class action. 

Pastoralists and businesses involved in the live export trade have been waiting for almost three years for payment, following the Federal Court's ruling that the 2011 live export ban was unlawful.

The class action against the Commonwealth submitted its final analysis of the financial impact of the ban, pinning the damage at $1.2 billion, with a further $800 million in interest in 2022.

Only the lead claimant in the class action, the Brett Cattle Company, has been paid.

Michael Johnson, assistant secretary for the Office of Legal Services Coordination in the Attorney-General's Department, recently told Senate Estimates that the Commonwealth had made an offer of settlement at $215 million with a July 21 deadline for acceptance.

"[The offer] is very disappointing, being 10 per cent of what's expected; it's obviously way short of where it needs to be," David Stoate, former chair of the Kimberley Pilbara Cattlemen's Association said.

"It does show a deal of contempt for pastoralists and other claimants."

David Stoate runs Anna Plains Station south of Broome. (ABC Kimberley: Jessica Hayes)

Mr Stoate is one of the claimants within the northern cattle industry who have marked over a decade since the federal Labor government suspended the live cattle trade to Indonesia.

He can't understand why the process is taking so long.

"I'm not sure why the government keeps stalling; we all hope it gets resolved as soon as possible," he said.

A Finance Department spokesperson said the offer, made in December, had been based partially on information provided by the claimants.

"This includes independent expert accounting and economic advice to assess the Commonwealth's liability," they said.

"To date, we are yet to receive a substantive response from the class action's lawyers."

Lives lost in the wait

Charters Towers Mayor Frank Beveridge has seen the ongoing damage the ban has caused in his north Queensland community.

"We've had graziers [die by] suicide, we've had families go bankrupt," Mr Beveridge said.

"The industry can be quite fragile at times and Indonesia had intake agreements with over 500,000 head in the years leading up to that, so you can't just switch it off like a tap."

Cattle is loaded onto a live export ship at Port Darwin. (ABC Rural: Daniel Fitzgerald)

He said, even with a $2 billion payout, a great deal of harm had already occurred.

"It's very hard to put a figure on the damage done and of course there are people out of business and those who have passed away, so you can never have those back."

Calls to end drawn-out process

In a statement, National Farmers Federation president Fiona Simpson called the Commonwealth's offer "insulting."

"This is not a game; this is people's livelihoods," Ms Simpson said.

"We have ministers in Cabinet now, who were also in Cabinet at the time of the ban 12 years ago. You would think they would want to right this wrong."

Agriculture Minister Murray Watt and the Department of Finance have been contacted for comment.

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