Litigation Lending has agreed to fund a class action to be run by Adley Burstyner and Harwood Andrews Lawyers on behalf of dairy farmers who suffered financial loss due to Fonterra’s May 2016 decision to announce a ‘step down’ in the farmgate milk price for the Southern Region of the Australian dairy industry.

The class action was commenced in the Supreme Court of Victoria on 17 June 2020 and alleges that Fonterra’s actions in connection with the May 2016 ‘step down’ constitute misleading and deceptive conduct, unconscionable conduct, and a breach of Fonterra’s supply contract.

The action seeks damages for farmers directly affected by Fonterra’s actions, via a full reversal of the price step down, including the related clawbacks and underpayments made to farmers. Compensation for other types of loss is additionally sought, including for the impacts of financial decisions that farmers made relying upon Fonterra’s farmgate price prior to the step down, as well as financial decisions that became necessary after the step down was announced.

If you were a Fonterra supplier and suffered loss due to the May 2016 step down, you may be entitled to compensation. We encourage all Victorian, South Australian and Tasmanian dairy farmers who supplied milk to Fonterra during the 2015/16 season to register their interest in participating in the claim.

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