The Morrison government has decided not to appeal a federal court ruling against a 2011 temporary ban on live cattle exports despite fears it could restrict the freedom of ministers to make decisions.
In a significant win for the National party – which had been urging against an appeal – the government announced late on Wednesday it wouldn’t challenge the ruling even though it held concerns about “some important issues of legal principle”.
The Nationals said it was an outcome the junior Coalition partner had “fought hard to secure”.
The federal court ruled in early June that the blanket suspension of live cattle exports by the Gillard government in 2011 was invalid, “capricious and unreasonable”, and amounted to “misfeasance in public office”.
While the Coalition has long criticised the then Labor government for its handling of the issue, the attorney general, Christian Porter, had previously refused to rule out an appeal because he was concerned about the wider impact on ministerial decision making.
Porter had even warned that the decision could provide the basis for future litigation by animal rights activists and be “weaponised against the very people we’re trying to protect”.
But Porter issued a statement on Wednesday saying the government accepted the outcome of the federal court case and “will not appeal this decision”.
“While the decision raises some important issues of legal principle, they are far outweighed by the very real pain and hurt that the live export ban inflicted on our cattle industry,” Porter said.
“The government disagrees with some of the principles as they have been applied by the court. The court’s reasoning in this matter represents a departure from existing legal principles governing both the validity of delegated legislation and the tort of misfeasance in public office.”
The attorney general added the government reserved the right “to press its view of the relevant legal principles if an appropriate case arises in the future”.
In a separate statement, the deputy prime minister and Nationals leader, Michael McCormack, said his party had “always had the backs of these brave men and women and will continue to stand up for this industry along with our Coalition partners”.
The agriculture minister, David Littleproud, hinted at disagreements within the government.
“Whilst we acknowledge the attorney general’s advice that there remains some specific points of law in this judgment the commonwealth does not concede, we are proud to deliver closure and certainty to northern Australia’s cattle industry with our decision not to appeal,” Littleproud said.
The National Farmers’ Federation – which supported the class action spearheaded by Northern Territory-based graziers – also welcomed Wednesday’s announcement.
The federation’s president, Fiona Simson, said Scott Morrison had called her on Wednesday “to say his government would not stand in the way of justice being delivered to northern Australia cattle producers and communities”.
“On behalf of the Brett family, other applicants to the class action and the many others affected by the monumentally devastating decision in 2011, I sincerely thanked him,” Simson said.
She said the government’s decision would clear the way for the awarding of “significant compensation” to affected parties.
In 2014, Brett Cattle led a class action against former Labor minister Joe Ludwig and the department, claiming it had lost the opportunity to sell about 2,776 head of cattle during the ban and suffered losses totalling about $2.5m. To date 30 parties have joined the class action, calling for up to $600m in compensation.
Morrison told colleagues at a Coalition party room meeting in early June that the government was working with the live animal export sector to deal with “the injustices” suffered by that industry, but the prime minister added that the judgment raised “real issues” more broadly.
At the time, it appeared the Coalition was considering ways to compensate the affected graziers while appealing against aspects of the court decision. Nationals and Liberals voted in favour of a motion in the Senate later in June calling on the government to rule out an appeal.
