Irrigators have started their class action against the Murray-Darling Basin Authority and the Commonwealth Government in the Supreme Court of NSW.

Barristers representing the plaintiffs and the respondents began by presenting their opening remarks over five days, starting on Monday, August 11.

Irrigators are claiming damages from the Commonwealth and the MDBA through low allocations in the NSW Murray and Victorian Murray districts in 2017-19, while environmental water was being provided to flood forests.

Lead plaintiffs in the action are Berrigan potato farmers, Jack and Maree Doyle, who are expected to appear as witnesses in the week starting Monday, August 18.

Part of the plaintiffs’ case against the MDBA is that the authority should have ensured that the MDBA’s modelling and water accounting practices were updated to the best available data to include, among other matters, the impact of climate change upon the Murray-Darling Basin.

The plaintiffs allege incompetence by the MDBA and that it failed to follow its own plan to deliver certain volumes of water to Lake Victoria.

The MDBA is contesting the allegations.

The plaintiffs are bringing the MDBA Class Action on behalf of NSW Murray Regulated River general security water entitlement holders who were allocated low water allocations in the water year 2017-18 and no water allocation or low water allocations in 2018-19, and Victorian high-reliability water share holders within the Murray declared water system who were allocated low water allocations in the 2019-20 water year.

Several irrigators were in the public gallery to hear the opening arguments in the first week.

The case has been set down for 40 days in Sydney. Up to eight barristers are appearing in the case, backed by a large group of lawyers.

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Wednesday, 10th May 2023

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