ABOUT 120 Queensland and NSW sorghum growers involved in a class action against seed supplier Advanta are headed to court in late March, after two days of court ordered mediation failed to achieve an outcome.
Conducted by former Federal Court judge Ray Finkelstein, the two days of intense mediation failed to produce a settlement, meaning growers are now set to face up to four weeks in the Supreme Court in Brisbane.
Growers claim MR43 Elite seed supplied by Advanta Seeds (formerly Pacific Seeds) and planted in 2010 was contaminated with the sorghum-related weed seed shattercane.
They are arguing shattercane has impacted on the management and profitability of their farming enterprises.
In addition to being a new, expensive to control plant pest, growers say the weed has stopped them from growing optimally profitable sorghum on sorghum crop rotations.
Growers say shattercane outcompetes growing sorghum and as a grass similar to sorghum, it is impossible to control in growing crops.
Shattercane is derived from wild and cultivated sorghum varieties and resembles sorghum, corn or Johnson grass. As the name suggests, the seed heads on shattercane do not retain their seeds on maturity, allowing them to naturally drop to the ground.
The seeds are also said to have an extended dormancy period.
Advanta supplies about 70-80 per cent of the sorghum seed planted in Australia.
In a statement issued on Thursday morning, Advanta Seeds spokesperson Barry Croker said his company's legal team would vigorously defend the allegations, none of which have been proven, he said.
"We maintain confidence in our stringent quality controls and the consistent application of these across our seed breeding and supply practices," Mr Croker said.
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.
It is understood up to 400 growers could have farms effected by shattercane.
