ABOUT 120 Queensland and NSW sorghum growers will head into court ordered mediation in Brisbane on December 17-18, seeking compensation for their farm businesses impacted by the weed shattercane.
Growers claim MR43 Elite seed supplied by Advanta Seeds (formerly Pacific Seeds) and planted in 2010 was contaminated with the pernicious weed seed.
In addition to being a new, expensive to control plant pest, growers argue shattercane has stopped them from growing optimally profitable sorghum on sorghum crop rotations.
Growers say that shattercane outcompetes growing sorghum and as a grass similar to sorghum, it is impossible to control in growing crops.
Advanta is defending the claims on a range of grounds. The Indian owned company supplies up to 80 per cent of the sorghum seed planted in Australia.
If a settlement cannot be reached during the formal talks on December 17-18, the growers are then set to appear in court at the end of March. Given the complexity of the case, four weeks has been allocated to hear the matter.
Shattercane is derived from wild and cultivated sorghum varieties and resembles sorghum, corn or Johnson grass. However, it can tower 1-1.5m above typical grain sorghum crops. Its seeds have an extended dormancy period.
Quirindi, NSW, grower Bernie Perkins, who is part of the class action along with his brother Kevin, said the weed had prevented the farm from being able to exclusively produce summer crops.
"We started growing sorghum on sorghum rotations without winter crops, because that was the most profitable," Mr Perkins said.
"The introduction of shattercane in 2010 meant we were forced to start growing winter crops in an attempt to control the weed, which made our operation less productive."
Mr Perkins said it was not until February 2012 that it was realised there was a problem with shattercane.
"We thought it was just sorghum talls in the crop," Mr Perkins said.
"Advanta did not warn there was a problem in 2011 and because of that, the in-paddock weed seed population was allowed to develop in the subsequent crop.
"It's a problem we're still dealing with today."
Toowoomba-based solicitor Dan Creevey from Creevey and Russell Lawyers, who is representing the growers, said it was not too late for other farmers to join the class action.
"Under Australian law people are eligible to be part of a class action unless they opt out," Mr Creevey said.
It is understood up to 400 growers could have farms effected by shattercane. About 70 growers are thought to have already opted out of the class action.
Advanta Seeds spokesperson Barry Croker confirmed the class action proceedings were continuing, and the company had proceeded to mediation.
"We continue to work with our legal team to vigorously defend the allegations against us, none of which have been proven," Mr Croker said.
"If settlement does not occur during mediation, the case will proceed to a trial, which is estimated to commence in March 2020.
"In following court protocol, we cannot speculate on the evidence to be presented as part of the action, nor an outcome, but we're confident in our stance.
"We maintain confidence in our stringent quality controls and the consistent application of these across our seed breeding and supply practices."
