NSW Member for Murray Helen Dalton (third from right) with irrigators and legal representatives during week one of the court case.
The court case of NSW and Victorian water users against the Murray Darling Basin Authority is about to wrap up, with closing submissions to be presented from next week.
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It is expected an entire week will be required to cover all the submissions for the trial, which commenced on August 11, 2025.
A judgement is expected to be announced some time in 2026.
Banton Group is representing about 28,000 class members spread across NSW and Victoria, who claim they were severely impacted by MDBA’s operational decisions which allegedly caused the loss of thousands of megalitres of water between the 2017 and 2020 water years.
These decisions resulted in zero allocations for NSW Murray general security licence holders and delayed and reduced allocations for licence holders in Victoria.
Southern Riverina Irrigators CEO Sophie Baldwin said before the court case, concerns raised about the MDBA’s river operations were ignored, dismissed or deflected.
“MDBA’s own evidence confirmed the authority did not follow its own models, rules and procedures,” she said.
SRI CEO Sophie Baldwin.
Detailed evidence has shown even with the Mulwala Canal available for use to bypass the choke, the MDBA preferred to go overbank.
Critical information was also omitted from MDBA publications.
“The MDBA have acknowledged overbank transfers are the least efficient way of sending water downstream and result in the highest system losses of around 31-46 per cent,” Sophie said.
During the trial, joint agronomy experts agreed the MDBAs decision’s affected water allocations, temporary water prices and institutional risk.
SRI maintains these decisions dramatically reduced production for multiple seasons, with impacts reverberating into following years.
The class action was filed in May 2019 by nine local plaintiffs and was transformed into a class action with Doyles Farm Produce the lead litigant.
While group members are seeking damages from the MDBA and Commonwealth for their negligence, many water users are also hoping to see an end to decisions by the authority which cripple productivity and rural communities.
“The three years where the choke was flooded didn’t just impact productivity and the mental health of our farmers, it also negatively impacted the bush resulting in environmental damage.
“This is the first time the public has had an opportunity to see MDBA’s actions and operations properly scrutinised - they have always been left to mark their own homework and give themselves top marks” she said.
SRI are expecting a link to be made available to allow the public to view the final week online. It can be requested via email at admin@southernriverinairrigators.com.au.
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