GrainCorp Group Proceeding (Class Action)

A group proceeding brought on behalf of persons who owned or occupied land within one kilometre of the GrainCorp factory 46-50 McDonald Street Numurkah, Victoria at any time after January 2017, and allege they have suffered harm as a consequence of odours and/or noise emitted from the factory.

The plaintiff alleges that the emissions have caused a nuisance to him and group members, and that the defendant has breached a duty owed to them under s 25 of the Environmental Protection Act 1970 (Vic) to minimise the risks of harm to human health or the environment from pollution.

The plaintiff and group members claim damages for loss of amenity for disturbance to their sleep, comfort, health and wellbeing, and diminution in the value of their land as a result of the emissions, and seek an injunction to restrain the defendant from continuing the nuisance.

IMPORTANT INFORMATION ABOUT OPTING OUT

If you are, or you think that you may be a group member, you should read the documents below carefully. 

The Notice (a copy of which is below) contains important information about your rights to: 

(1) opt out of the proceeding; or 
(2) do nothing.

If you do not wish to be a group member and do not want your rights determined by the class action you must opt out by 4:00pm (AEST) on 16 May 2025.

To opt out, you must either:

• complete the online opt out notice; or
• complete the opt out notice found at Schedule A of the Notice and return via email or post to the address on the notice for the Registry of the Supreme Court of Victoria. 

For further information about opting out, please refer to the Notice to Group members.

If you do nothing:

(a) You will remain a group member of the GrainCorp Class Action.
(b) You will be bound by any settlement or determination of the common claims in the GrainCorp Class Action. 
(c) If a settlement of the proceeding is reached, this will include releasing any common claims that are or could have been made in the GrainCorp Class Action. If the class action does not result in a settlement before trial, you will be bound by any final judgment determined at trial in respect of the common claims.

The definition of a "group member" is set out in the Notice.

Notice to Group Members - Opt Out
Orders of Keogh J (11 April 2025) - Opt Out