Cattle farmers have been suing the federal government over a live export ban since 2014 and Justice Steven Rares has described one of the claims in the case “absurd”.
Cattle farmers suing the federal government over Labor’s 2011 live export ban claim Indonesia “retaliated” against Australia for the ban, and they should receive more compensation from taxpayers as a result.
But after reading them he seemed even less impressed than before, claiming the issue at the heart of the discrepancy – the claim Indonesia would have allowed more cattle to be imported had the ban never been imposed – wasn’t even something the court could make a judgment on.“Courts do not adjudicate on the acts of sovereign governments, and you’re asking me to adjudicate ... why the Indonesian government acted as it did within its lawful powers,” Justice Rares said in a hearing last week.
“I just don’t know how a court can make a decision about what a sovereign government acting lawfully – and there is no suggestion it wasn’t acting lawfully – where it has policy choices, would have acted differently.” He expressed regret at being unable to see the matter to conclusion, and told the parties another “hapless victim” was yet to be appointed.
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