Banton Group is representing around 28,000 members from NSW and Victoria, who were all severely impacted by MDBA led decisions to flood the Barmah Forest, “wasting” thousands of megalitres of water between 2018 and 2020.
These decisions resulted in zero allocation to NSW Murray general security (NSWMGS) and reduced allocations in Victoria.
This dramatically reduced production for multiple seasons, with impacts reverberating into following years.
Some farmers were forced to watch their crops wither and die because there was simply no water.
The class action was filed in May 2019 by nine local plaintiffs, and has now been transformed into a class action, with Doyles Farm Produce the lead litigant.
Group members are seeking damages from the MDBA and Commonwealth for their negligence.
The trial commences on Monday.
Southern Riverina Irrigators chair Peter McDonald said it has been a long process to finally get to court.
“Those years were extremely tough for all of us.
“Without access to water, the mental and financial burdens were enormous and created so much stress and uncertainty - not just for food producers but also for our rural towns, business and communities.”
Mr McDonald said the class action was all about ensuring this type of negligence never occurred again.
“Flooding the choke three years in a row was devastating and took its toll on everyone, including the environment, and we don’t ever want to see that type of waste of water ever again.”
He said the push for the class action came from previous SRI chair Chris Brooks.
“Chris launched the class action back in 2019 along with eight other concerned food producers from the Riverina.
“Even though he’s no longer the lead litigant, he is deeply invested in the outcome of what was, at the time, an astounding waste of water.
“Without Chris pushing this issue, we certainly wouldn’t be in the position we are today and the MDBA’s mismanagement of our water couldn’t be questioned.”
The trial is expected to run until October 3.
The plaintiffs are calling four lay witnesses - Doyle, Dunn, Ryan and Renehan - while the defendants are calling nine lay witnesses - Bishop, Davis, Johnson, Hickey, Zouch, Foreman, Korn, Dreverman and Reynolds.
In 2018, the MDBA took Bret Walker SC to the High Court in an attempt to avoid presenting to the Royal Commission in the Murray-Darling Basin.
This will be the first time the public will see MDBA actions and operations scrutinised.
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