When Canola Doesn't Perform: What Rights Do WA Growers Have?

October 29, 2026

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Recent concerns regarding the performance of certain canola varieties have attracted significant attention across the Western Australian grain industry. The issue was recently discussed on the ABC WA Country Hour, where Philip Brunner, Director of Bailiwick Legal, commented on the legal issues that may arise when agricultural products fail to perform as expected.


Farmers understand that crop performance can be affected by seasonal conditions, rainfall, frost, pests, disease and other factors beyond their control. However, different considerations may arise where a seed, chemical or agricultural product does not perform consistently with the representations made by the supplier at the time of sale.


A well-publicised dispute involving John Snooke, a grower from Cunderdin, highlighted these issues when concerns were raised regarding the performance of a herbicide-tolerant canola variety. Following intervention by the WA Department of Consumer Protection, compensation was ultimately paid to affected growers.


As input costs continue to increase, growers should be aware that legal protections may be available where a product:

  • Does not match its description;
  • Is not fit for its intended purpose; or
  • Fails to perform in accordance with representations made by the supplier.


If a crop is underperforming, growers should retain seed tags, invoices, marketing materials and paddock records, obtain independent agronomic advice and notify the supplier as soon as possible. Early evidence can be critical in assessing whether a legal claim may exist.


Importantly, growers should not sign any settlement agreement, release or non-disclosure agreement (NDA) without first obtaining independent legal advice. These documents may limit future rights or prevent growers from discussing the issue with others who may be similarly affected.


Author: Matilda Lloyd, Associate Director of Bailiwick Legal, assists farming families and agribusinesses throughout Western Australia with commercial disputes and risk management.


For assistance with all of your agribusiness needs, contact Bailiwick Legal:

West Perth Office on 08 9321 5451 or email office@bailiwicklegal.com.au

Bridgetwoen Office on 08 6288 6240 or email bridgetown@bailiwicklegal.com.au

For further information about our legal services, please visit our website: https://www.bailiwicklegal.com.au

The above information is a summary and overview of the matters discussed. This publication does not constitute legal advice and you should seek legal or other professional advice before acting or relying on any of the content.

Protecting Your Rights Without Burning Bridges

October 29, 2026
For many growers, the biggest barrier to pursuing a claim is not the legal process itself. It is the relationship. In regional communities, suppliers, agronomists and growers often work together over many years, and many farmers are understandably reluctant to raise concerns if they believe it may damage a valued business relationship. Recent discussions regarding the performance of certain canola varieties have highlighted an important issue for farming businesses: protecting your legal rights does not necessarily mean taking an aggressive approach or ending a long-standing commercial relationship. Where concerns arise about the performance of a seed variety, chemical or other agricultural product, growers are often hesitant to make inquiries or seek compensation because the supplier may be a trusted local business or a person they have dealt with for decades. However, raising legitimate concerns and seeking advice should not be viewed as a personal attack. In many cases, suppliers will notify their insurer as soon as a significant claim is raised. From that point, discussions regarding liability and compensation are often managed by insurers, loss assessors and legal representatives. As a result, a grower may effectively be dealing with an insurance claim rather than a dispute directly with the supplier. That distinction is important. A claim can often be investigated and resolved without permanently damaging an otherwise productive business relationship. At the same time, growers should be aware that not every supplier is insured for every type of loss. Some businesses may not carry insurance that responds to large-scale agricultural claims, while others may not have sufficient coverage where multiple growers are affected. Early advice can therefore be critical in understanding both your legal position and the practical realities of recovery.  If you are experiencing concerns regarding crop performance, keep detailed records, retain product packaging, batch information, invoices and correspondence, obtain independent agronomic advice, and seek legal advice before signing any settlement agreement, release or non-disclosure agreement (NDA). Protecting your rights does not have to mean burning bridges. Often, the best outcomes are achieved through early communication, careful investigation and practical resolution. Author: Matilda Lloyd, Associate Director of Bailiwick Legal, assists farming families and agribusinesses throughout Western Australia with commercial disputes and risk management. For assistance with all of your agribusiness needs, contact Bailiwick Legal: West Perth Office on 08 9321 5451 or email office@bailiwicklegal.com.au Bridgetwoen Office on 08 6288 6240 or email bridgetown@bailiwicklegal.com.au For further information about our legal services, please visit our website: https://www.bailiwicklegal.com.au The above information is a summary and overview of the matters discussed. This publication does not constitute legal advice and you should seek legal or other professional advice before acting or relying on any of the content.

Do I Have to Sue My Supplier?

October 29, 2026
One of the most common concerns we hear from growers experiencing issues with agricultural products is: "I don't want to sue someone I've known for years." In regional communities, business relationships matter. Suppliers, agronomists and growers often work together over many seasons, and many farmers are understandably reluctant to take action if they believe doing so may damage those relationships. However, pursuing a claim does not necessarily mean attacking a long-standing business relationship. In many cases, the supplier will notify its insurer of the claim and the matter will be managed by the insurer and its representatives. Where insurance is available, discussions regarding compensation often proceed through the insurer's claims process rather than as a personal dispute between grower and supplier. For that reason, growers should not assume that raising legitimate concerns about product performance will automatically result in the loss of an important commercial relationship. That said, every situation is different. Some suppliers may not carry insurance for particular losses, and others may not have sufficient insurance coverage to respond to multiple large-scale claims. In those circumstances, early advice can be particularly important, both to preserve evidence and to understand the practical options available. If you believe a seed variety, chemical or other agricultural product has not performed as represented, keep detailed records, obtain independent agronomic advice and seek legal advice before signing any settlement agreement, release or non-disclosure agreement. The earlier advice is obtained, the more options are generally available. Author: Matilda Lloyd, Associate Director of Bailiwick Legal, assists farming families and agribusinesses throughout Western Australia with commercial disputes and risk management. For assistance with all of your agribusiness needs, contact Bailiwick Legal: West Perth Office on 08 9321 5451 or email office@bailiwicklegal.com.au Bridgetwoen Office on 08 6288 6240 or email bridgetown@bailiwicklegal.com.au For further information about our legal services, please visit our website: https://www.bailiwicklegal.com.au The above information is a summary and overview of the matters discussed. This publication does not constitute legal advice and you should seek legal or other professional advice before acting or relying on any of the content.

Bailiwick Legal supports Consolidated Pastoral Company in the acquisition of Madura Plains Station

July 24, 2026
Bailiwick Legal is pleased to have advised Consolidated Pastoral Company (CPC) on its acquisition of Madura Plains Station , one of Australia's largest sheep and wool enterprises. Located on the Nullarbor Plain, Madura Plains spans more than 700,000 hectares and is recognised as one of the country's most significant pastoral properties. The acquisition follows CPC's purchase of neighbouring Rawlinna Station , with Bailiwick Legal also acting for CPC on that transaction. Together, the acquisitions represent a significant investment in Australian agriculture and reinforce CPC's long-term commitment to the sheep and pastoral industries. The sale of Madura Plains involved far more than the transfer of land. Like many large-scale rural transactions, the matter required careful coordination across multiple legal and commercial elements, including property, business assets, contractual arrangements and settlement requirements. Associate Director Matilda Lloyd led the Bailiwick Legal team on the transaction, overseeing all aspects of the matter from contract negotiations through to settlement. "T he sale of Madura Plains Station highlights the complexity and breadth of modern rural transactions. While the transfer of land is often the most visible component, transactions of this scale involve a wide range of legal and commercial considerations that require careful planning and coordination. It was a privilege to support our client, Consolidated Pastoral Company (CPC), through this significant milestone and help deliver a successful outcome. " Matilda Lloyd, Associate Director While transactions of this scale are uncommon, many of the same legal considerations apply to farming businesses across Western Australia. Whether clients are acquiring land, restructuring their business, planning for succession or preparing for sale, early planning and experienced legal advice are essential to achieving successful outcomes. Bailiwick Legal also acknowledges the outstanding contribution of our conveyancer, Tessa Meegan , whose professionalism, attention to detail and commitment throughout the transaction were instrumental in achieving a successful settlement. Significant rural transactions rely on a collaborative team approach, and Tessa's work reflects the high standard of service Bailiwick Legal is proud to provide. With extensive experience acting on complex rural property and agribusiness transactions, Bailiwick Legal continues to support farming families, pastoral businesses and agricultural investors through some of the industry's most significant acquisitions and strategic business decisions. For assistance with all of your agribusiness needs, contact Bailiwick Legal: West Perth Office on 08 9321 5451 or email office@bailiwicklegal.com.au Bridgetwoen Office on 08 6288 6240 or email bridgetown@bailiwicklegal.com.au For further information about our legal services, please visit our website: https://www.bailiwicklegal.com.au The above information is a summary and overview of the matters discussed. This publication does not constitute legal advice and you should seek legal or other professional advice before acting or relying on any of the content.