Brett Cattle Company Pty Ltd v Minister for Agriculture (No 4) [2023] FCA 1303

Brett Cattle Company Pty Ltd v Minister for Agriculture (No 4) [2023] FCA 1303

The Court did not determine the act of State issue because the parties had not made submissions on it. Rares J considered that the applicability of the act of State principle raised an important question requiring further consideration, and ordered that the agreed separate question concerning additional live cattle exports in 2011, 2012 and 2013 be listed for trial while dismissing the interlocutory application otherwise.

Jurisdiction
Australia
Judgment Date
18 October 2023
Procedural Posture
Representative Proceeding Under Pt IVA of the Federal Court of Australia Act 1976 (cth) / Interlocutory Application Dated 28 April 2023; Orders Listing a Separate Question for Trial and Setting Timetable for Evidence
Outcome
The separate question was listed for trial with a four week estimate; the interlocutory application dated 28 April 2023 was otherwise dismissed; timetable and case management orders were made.
Legal Topics
['act of State Doctrine' 'justiciability' 'misfeasance in Public Office' 'live Cattle Export Controls' 'separate Question in Representative Proceeding']
['public International Law' 'administrative and Constitutional Law and Human Rights'] ['act of State Doctrine' 'justiciability' 'misfeasance in Public Office' 'live Cattle Export Controls' 'separate Question in Representative Proceeding']

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Procedural Posture

Representative Proceeding Under Pt IVA of the Federal Court of Australia Act 1976 (cth) / Interlocutory Application Dated 28 April 2023; Orders Listing a Separate Question for Trial and Setting Timetable for Evidence

Legal Issues

  1. 1 ['Whether the allegation that the Second Control Order caused the Indonesian Government to change its approach to live cattle import quotas and permits engages the act of State doctrine and renders the claim not justiciable.' 'Whether a separate question should be listed for trial concerning the number of additional live cattle that would have been exported into Indonesia in 2011, 2012 and 2013 had an Exceptions Order been made instead of the Second Control Order.']

Ratio Decidendi

The Court did not determine the act of State issue because the parties had not made submissions on it. Rares J considered that the applicability of the act of State principle raised an important question requiring further consideration, and ordered that the agreed separate question concerning additional live cattle exports in 2011, 2012 and 2013 be listed for trial while dismissing the interlocutory application otherwise.

Court Disposition

The separate question was listed for trial with a four week estimate; the interlocutory application dated 28 April 2023 was otherwise dismissed; timetable and case management orders were made.

Orders

  • ['The following question be listed for trial (4 week estimate) commencing on a date to be fixed: Had the Minister made an Exceptions Order (as defined in [405] of the reasons for judgment delivered on 2 June 2020) on or about 7-10 June 2011 instead of the Second Control Order (as defined in [1] of the reasons),...