The Commercial Project and Litigation team at Slater & Gordon is conducting on a pro bono case on behalf of a couple in Western Australia whose organic farm had been contaminated with genetically modified (GM) material.
The contamination occurred from a GM canola crop planted and swathed by their neighbours next to the boundary road separating the two properties. About 160 hectares of the clients’ property was contaminated with the GM canola and 70 per cent of their land decertified for organic farming.
This case marks the first time these issues have been litigated, and hopefully will determine how the conflict between statutory rights and common law rights are managed and resolved.
Growing GM canola is not prohibited in Western Australia and there is no statutory scheme in place to compensate farmers affected by GM contamination. This is despite there being considerable scientific evidence and overseas experience to demonstrate how GM and non-GM canola cannot adequately be segregated, and vehement protests lodged by farming, health and environmental groups. Instead, affected farmers are instructed to talk to their neighbours and negotiate their own agreement.
This case has greater ramifications on how Australian law will deal with the conjunction of personal and statutory rights and the competing rights of landowners in this context. It has the potential to drive law reform around the farming of GM foods in Australia.
Pro bono legal representation was approved due to the high level of public interest and the inability of the client to retain solicitors on any other basis. CPL lawyer Mark Walter successfully made detailed submissions for approval to the Pro Bono & Community Engagement Committee and its coordinator Terence O'Riain.
Furthermore, Mr Walter has sourced substantial contributions to disbursements from the Safe Food Institute, a group supporting the provision of safe food.
For further information about this and other Slater & Gordon’s pro bono initiatives, please contact Slater & Gordon’s pro bono coordinator Terence O’Riain on (02) 6058 6326 or terence.oriain@slatergordon.com.au.