A landmark class action legal battle against the Murray Darling Basin Authority (MDBA) commenced last week in the New South Wales Supreme Court.

After six long years, the case – alleging water mismanagement by the MDBA and brought by thousands of farmers – is finally getting its day in court.

The class action, led by Doyles Farm Produce as the lead litigant, represents approximately 28,000 members from NSW and Victoria.

These farmers are seeking damages from the MDBA and Commonwealth for negligence, alleging that the MDBA acted incompetently and wasted water during recent droughts.

Independent Member for Murray, Helen Dalton MP, stated that the case is proof the MDBA is “out of control.”

“Thousands of farmers have joined forces to sue the MDBA for negligence and for wasting precious water during recent droughts,” Ms Dalton said.

“The MDBA has acted incompetently and stupidly. Farmers shouldn’t have to sue the MDBA to protect our farms and rural communities.”

The core of the class action centres on MDBA-led decisions that allegedly resulted in the flooding of the Barmah Forest on the Murray River, wasting thousands of megalitres of water between 2018 and 2020.

These decisions led to zero allocation for NSW Murray general security (NSWMGS) and reduced allocations in Victoria, which farmers say drastically reduced production for multiple seasons and causing impacts that reverberated into subsequent years.

Many farmers were reportedly forced to watch their crops wither and die due to the lack of water.

Peter McDonald, Chair of Southern Riverina, described the challenging period.

“Those years were extremely tough for all of us,” he said.

“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 specifically called out the repeated flooding.

“Flooding the (Barmah) 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.”

Beyond compensation, farmers see this trial as an opportunity to finally bring the MDBA to account for decades of mismanagement of the Murray Darling Basin river system.

Supporters of the class action say the key goal is to force the MDBA to be cross-examined under oath about their “senseless and destructive” operational methods.

Ms Dalton stressed the long-standing issue of MDBA unaccountability.

“For decades the MDBA has been unaccountable. They have acted like they don’t owe anyone any explanation about the poor decisions that they make.”

She said she has a clear expectation for the trial’s outcome.

“This case will force the MDBA to explain their actions, and own their failures.

“Finally, the previously faceless bureaucrats that have been running the MDBA, and destroying our river systems, will have nowhere to hide.”

Mr McDonald affirmed that the class action is primarily about ensuring this type of negligence never occurs again.

He also credited former Southern Riverina Chair Chris Brooks for initiating the legal challenge.

“Without Chris pushing this issue, we certainly wouldn’t be in the position we are today and the MDBAs mismanagement of our water couldn’t be questioned.”

Mr Brooks, along with eight other concerned food producers from the Riverina, launched the class action in 2019.

The trial, which has been a “long process” to reach court, is expected to run for eight weeks, with an anticipated conclusion on 3 October.

Supporters say the legal proceeding represents a significant moment, as it will be the first time the public will see MDBA actions and operations scrutinised in such a manner, following a High Court attempt by the MDBA in 2018 to avoid presenting to the Royal Commission in the Murray Darling Basin.

An initial, yet significant, victory for the plaintiffs occurred several years ago when the Court of Appeal ruled that the MDBA and the Commonwealth could not rely on a special legal defence in the Civil Liability Act.

This means they will be held to the same standard of care as any other person in a negligence case.

The Riverine Grazier contacted MBDA last month, for comment on the action, but a senior spokesperson said no comment was available.

“The Murray–Darling Basin Authority has further no comment, respecting that this matter is before the Court.

This article appeared in The Riverine Grazier, 20 August 2025.